These Terms and Conditions are the standard terms for the provision of services by Vroomo Ltd a company registered in England under company registration number 9125009, whose registered address is 71-75 Shelton street Covent Garden London WC2H 9JQ
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
2.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before applying to use our Services, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by us by way of content on the Site or within communications constitutes a contractual offer capable of acceptance. Your request to enjoy the Services constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon our acceptance of your application to join the Service, indicated by Our Confirmation and your being permitted to log in as a Member and receive the Services.
2.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
2.4.1 The main characteristics of the Services;
2.4.2 Our identity (set out above in sub-Clause 1.1) and contact details (as set out below in Clause 9);
2.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
2.4.5 Our complaints handling policy;
2.4.6 Where applicable, details of after-sales services and commercial guarantees;
2.4.7 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
3.1 You agree that all use by you of the Services will be subject to these Terms and Conditions as well as to the Site Visitor Terms and Conditions (“SVTC”) which are available at https://vroomo.co.uk/Legal/Visitor.
3.2 You agree to comply fully and in all respects, both when using Our Services and thereafter, with the Operational Procedure and Pricing Plan (“OPPP”) and will promptly make all payments of monies to Us and others as required under such OPPP.
3.3 If you are using Our Services as a seller , or potential seller, of a vehicle, or of any other item . you warrant and agree:-
3.3.1 that you have full right in law to offer the vehicle for sale and to transfer title in the vehicle to the buyer.
3.3.2 that the description of the vehicle given by you, or on your behalf, is totally accurate in every respect.
3.3.3 that any photographs of the vehicle uploaded to Our Site, by you or on your behalf, are indeed of the vehicle itself, are not outdated and have not been digitally altered or manipulated or in any way distort the condition of the vehicle.
3.3.4 that you have full right, licence and permission to all photographs and images or other digital media uploaded to Our Site and nothing you do in using Our Services conflicts with the Intellectual Property rights of others.
3.3.5 that you are using Our Services as a private individual to sell a vehicle used personally by yourself or by a member of your family and not for the purposes of a business in selling vehicles.
3.4 If you are using Our Services as a buyer, or potential buyer, of a vehicle or of any other item, you warrant and agree:-
3.4.1 that you are using Our Services as a private individual to buy a vehicle to be used personally by yourself or by a member of your family and not for the purposes of a business.
3.4.2 that information about your identification that you have given, and all documents provided, to Us, or to others to whom we have directed you, is, in the case of information, wholly true and accurate and, in the case of documents, such are genuine, true and complete.
3.4.3 that you are licensed, without a current ban or other condition attached to a driving licence, to drive a vehicle of each type that you seek to purchase using Our Service and that you have not breached, nor does the condition of your eyesight or other area of health be such that it breaches, any rule or law or judgement of any court for you to drive such vehicle on a public road.
3.4.4 that, at all times whenever you have actual possession of and/or drive, or otherwise are in control of, any vehicle offered for sale on Our Service prior to completion of your purchase of any such vehicle, and the transfer into your own name of yourself as the registered keeper of such vehicle, that you are fully capable of safely driving such vehicle and that you will take all due care in your handling,driving, control and parking of such vehicle are comprehensively insured not just to the minimum level as required by law but also to cover the cost of all damage caused to the vehicle.
3.4.5 that, at all times whenever you drive, or otherwise are in control of, any vehicle offered for sale on Our Service on a public road prior to completion of your purchase of any such vehicle, and the transfer into your own name of yourself as the registered keeper of such vehicle, that you will not, whether on a public road or land or on privately owned land, commit any offence, whether a moving traffic offence or a parking offence or an offence related to the condition of the vehicle or an offence related to the condition of yourself, such as, but not exclusively, related to your use of alcohol, drugs or mobile phones, and that, should you breach this sub-clause and commit any such offence that you will forthwith, and without delay, pay all fines and associated costs raised, whether by the police, a public authority or a private landowner or agent acting on behalf of a private landowner, and will at all times indemnify and keep indemnified Ourselves against all losses, damages, claims or costs, including legal costs, suffered or incurred by Ourselves as a result of any such breach;
3.4.6 that you will promptly pay all monies due to Ourselves or any other person at our direction whether as required under these Terms and Conditions or under the OPPP or under the SVTC or under the law generally;
3.4.7 that at no time whenever you have actual possession of, or otherwise are in control of, any vehicle offered for sale on Our Service prior to completion of your purchase of any such vehicle, and the transfer into your own name of yourself as the registered keeper of such vehicle, will you permit any other person to drive or otherwise take control of any such vehicle.
3.5. Whether you are using our Service as a buyer or seller or potential buyer or potential seller, you warrant and agree that you will not:-
3.5.1 communicate directly with the other party in the proposed transaction;
3.5.2 do anything that may encourage any other user of our Services to use other services that may operate in competition, or potential competition, to Ourselves; or
3.5.3 use the website to find a buyer or seller or vehicle with a view to effecting a transaction separately from the OPPP and our Services, whether or not the intention was to avoid payment of any fees related to the Services.
3.6 Whenever the OPPP requires Us to take any action, including authorising the action of another, as agent in the name of, and on behalf of, Yourself, you give Us full authority and right in law to take such action in your name in a manner that, subject to such complying with the OPPP, whether in detail or in spirit, is at our absolute discretion.
3.7 You will fully indemnify Us and keep Us at all times indemnified against all losses, damages, claims and demands arising, wholly or in part, directly or indirectly, from your breach of any of these Terms and Conditions or your breach of the OPPP and or the SVTC .
4.1 Subject to your compliance in full with these Terms and Conditions and to the SVTC and to the OPPP, We will provide the Services to you in accordance with the OPPP.
4.2 Whilst we will make reasonable effort to follow the steps required of US in the OPPP, we are not to be held responsible for any delays if an event outside of Our reasonable control occurs or for which you or persons acting on your behalf are responsible.
4.3 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.
4.4 If your use of the Services requires, under the OPPP, payment of monies to Us and you do not pay Us, We may suspend the Services until you have paid all outstanding sums due.
4.5 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible.
4.6 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
4.7 If We determine that a problem has been caused by incorrect or incomplete information provided by you, or your failure to carry out certain actions under the OPPP or otherwise, We may charge you for cost or time of ourselves (or of our employees, agents or partners) incurred as a result.
4.8 If you are using Our Service as a Seller of a vehicle and that, under the OPPP we take physical possession of a vehicle belonging to yourself, whether or not we also become the registered keeper and/or owner of the vehicle, then during the time that the vehicle is in our physical possession, we will take reasonable care of the vehicle.
5.1 As the Services on Our Site are exclusively for non-commercial use by yourself and are intended solely to enable private vehicle owners to sell their vehicles to private buyers without the involvement of agents and others, We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
5.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5.4 We will under no circumstances be liable to you for any consequential or indirect losses or damages of any nature.
5.5 If We are liable to you in any way, our liability will be for no more than the value of any fees that you may have paid to us for Our Services.
5.6 We make no representations as to the quality and/or accuracy and/or completeness and/or standard of any service from a third party we help deliver through the OPPP, such as an engineer's report on a vehicle or a valuation, and We will under no circumstances, therefore. be liable to you for any damage or losses arising out of the actions, defaults, advices or opinions of any third party to whom we may introduce you or otherwise who may, whether as a mechanic or valuer/assessor, become involved in some way in any use by you of Our Services.
5.7 If you use Our Service as buyer of a vehicle, then, whilst we may refer you, in accordance with the OPPP, to a third party company offering a financial advisory service who will attempt to find a source of finance to enable you to purchase the vehicle, We make no representations as to the quality and/or standard of such third party nor as to whether or not they will succeed in helping you find appropriate finance to enable you to purchase the vehicle.
6.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
6.2 If any event described under this Clause 6 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
6.2.1 We will inform you as soon as is reasonably possible;
6.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
6.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary.
7.1 If you wish to contact Us, you may do so by telephone at 02033718684 or by email at email@example.com.
7.2 Our postal address is:
71-75 Shelton Street
London WC2H 9JQ
If any dispute or difference arises out of or in connection with these Terms the parties shall, in the first instance, refer the matter to firstname.lastname@example.org.
9.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
9.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
9.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
9.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
10.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
10.2 If you are using our services and Our Site for purposes other than for a business, trade, profession or craft, then any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
10.2 If you are not using our services and Our Site for purposes other than for a business, trade, profession or craft then any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.