“Sell 2 Swansway” is a trading division of Swansway Garages Limited (“we” or “us”). We are a company registered in England and Wales under company number 4507008 and our registered office is at Swansway Group, Gateway, Crewe, Cheshire, CW1 6YY.
2. These terms
These terms (together with the documents referred to within) ("Terms") set out the terms on which you may access and use our online vehicle selling tool ("Selling Tool") available on our www.Sell2Swansway.com website ("our Website"). The Terms also govern the basis upon in which we will buy from you and you will sell to us your vehicle (“Vehicle”).
Please read these Terms fully before you sign our standard written purchase contract (“Contract”) to which these Terms apply. By entering into this contract, you confirm that you accept these Terms and agree to comply with them.
3. Other applicable terms
4. Permitted use of our website and selling tool
a) The purpose of the Selling Tool and the amount it shows, is to allow any person considering selling their Vehicle to us to learn from us the price (“Indicative Price”) at which, subject to contract, we would be willing to purchase their Vehicle provided you comply with these Terms, we are happy with its condition and all checks we carry out in relation to you and the Vehicle are passed to our satisfaction. The Indicative Price does not create a commitment either for you to sell or on us to buy the Vehicle and is, therefore, not binding on you or on us. Any agreement to purchase the Vehicle (“Contract”) will be subject to these Terms and would only be issued and concluded as set out in paragraph 7 below..
b) Our Selling Tool is available for use by private individuals and businesses wishing to sell Vehicles without charge but please see paragraphs 4.c) and 4.d) below.
c) Our Selling Tool is not designed or intended for Commercial Use by any person. In these Terms “Commercial Use” means obtaining an Indicative Price in respect of any Vehicle which is being or is intended to be traded or sold in the course of a business whose normal course is wholly or to a material extent the selling or trading of cars. Each Commercial Use will be subject to a charge of £250 plus VAT which will be invoiced following such use and then immediately payable. We continuously monitor the use of our Selling Tool and technology allows us promptly to discover any Commercial Use.
d) If you use the Selling Tool to obtain Indicative Prices in respect of more than more than 3 Vehicles any period of 1 month this will automatically be deemed to be Commercial Use as defined in paragraph 4.b) above and you will be invoiced accordingly pursuant to that paragraph in respect of each of the Indicative Prices so obtained.
5. Procedure for Obtaining Indicative Price
The following will apply in relation to providing you with the Indicative Valuation for your Vehicle:
a) You will input the registration number of your Vehicle using the link provided for that purpose on our website together with your name, address email address and the other details we request from you;
b) We will send you an email containing a QR code, which will provide you with a weblink;
c) You will use the weblink referred to in paragraph 5.b) above to upload the details we request from you regarding your Vehicle. The details we will request from you will include photographs of the Vehicle showing specific details and aspects thereof together with other information; and
d) After you have uploaded the details referred to in paragraph 5.c) above, our buying team will review these and will send an email to you informing you of the Indicative Price for your Vehicle.
6. Status and purpose of the Indicative Price
a) The Indicative Price is calculated using algorithms and the assessments of our buying team. They operate in accordance with and apply criteria that are specific to our requirements and the parameters within which we operate our business. The Indicative Price is, therefore, not a valuation of any Vehicle and should not be regarded or relied upon as such. It is simply an indication from us of the amount we would be prepared to pay to purchase the Vehicle for which you have obtained the Indicative Price provided all results of all inspections, checks and all other matters referred to below are to our satisfaction. It may well be that other persons would be willing to pay more or less for a Vehicle in relation to which we have provided our Indicative Price.
b) We do not warrant that the Indicative Price is the maximum amount, which you might obtain for any Vehicle or that it is a fair or reasonable price. Before entering into any Contract (as defined in paragraph 7 below), you must make your own enquiries and will be deemed to have satisfied yourself that the Price (as defined in paragraph 12 below) is acceptable to you.
7. Purchase Contract
a) After sending you the email referred to in paragraph 5.d) above, our buying team will attempt to contact you by phone or email to establish whether you wish to proceed with a possible sale to us of your Vehicle. You are under no obligation to do so.
b) If you wish to proceed with the possible sale of your Vehicle to us for the indicative Price, we will seek to agree an appointment time and place (“Appointment”) when we would, subject to contract, and on the basis of the Terms, pay for and collect the Vehicle from you. The location for the Appointment must be your home address.
c) If and when an Appointment time has been agreed with you, we will provide you with a Contract Particulars document setting out: i) your details including your name and address; ii) details of Your Vehicle; iii) the Indicative Price; and iv) important declarations that you will confirm are true and accurate by signing the Contract Particulars document.
d) To proceed with the sale of your Vehicle, must electronically sign the Contract Particulars document using DocuSign. By doing so, you acknowledge that you have read and agree to these Terms and that you agree and accept that they apply in full. These Terms and the Contract Particulars document together comprise the Contract. No other documents will form part of the Contract.
e) Any negotiations or discussions that take place prior to signing the contract will not be binding on you or us.
8. Your Warranties and Representations
a) If we purchase a Vehicle from you, we will be relying on your warranties and representations that: i) you are legally capable of entering into a binding contract to sell the Vehicle; ii) you are the sole legal and beneficial owner of the Vehicle and have the right to transfer full unencumbered legal title and full ownership of the Vehicle to us; iii) no other person has any claim to the Vehicle whether legal, equitable, possessory or otherwise; iv) other than in respect of any finance outstanding on the Vehicle, which you have disclosed to us, no person has any claim to the Vehicle i.e. the Vehicle is free from any lien or encumbrance whether financial or otherwise; v) to the best of your knowledge, information and belief, the mileage reading on the Vehicle is true and accurate and the odometer has not been tampered with; vi) all details and information relating to the Vehicle and to you which you have provided to us are true and accurate; vii) you have checked the details and information relating to the Vehicle and to you which have been inserted in the Contract Particulars document and all such information is true and accurate and has been correctly inserted into the Contract; viii) all statements in the Contract Particulars document are correct; ix) you have disclosed to us all matters of which you are or should reasonably be aware and which a prudent purchaser would want to know about, such as physical defects in the Vehicle (e.g. if it has any material mechanical problems or damage including cut and shuts, is mechanically unsound to inoperable, un-roadworthy and/or chassis damage and the like); x) all information supplied by you in respect of the Vehicle (whether in obtaining an on-line valuation, at any appointment or otherwise) is to the best of your knowledge, information and belief, true and accurate in all respects; xi) the Vehicle is registered in the UK and to the best of your knowledge, information and belief, was not registered or used abroad before being registered in the UK; xii) you have not used the Vehicle for self-drive hire, as a licensed taxi, for registered driving tuition or in any form of competition and, to the best of your knowledge information and belief, no one else has done so at any time; xiii) to the best of your knowledge, information and belief, the Vehicle has not been involved in an accident resulting in total insurance loss in any category or otherwise; xiv) the Vehicle has a current MOT which expires after 2 months or longer; xv) to the best of your knowledge information and belief, the Vehicle is neither a stolen nor a cloned vehicle; xvi) you have not altered the Vehicle Identification Number and Engine Number presented upon the Vehicle and to the best of your knowledge information and belief, no one else has done so; xvii) you are not (nor are you acting on behalf of anyone who is) selling the Vehicle in the general course of business.
b) If at any time we consider that any of the warranties and representations you have given in paragraph 8.a) above are or appear to us likely to be inaccurate, untrue or false then we reserve the right at our sole discretion to: i) request any documentation or information we deem necessary to satisfy ourselves as to whether the above representations are untrue or false; ii) terminate the Contract withdrawing any offer to buy the Vehicle with immediate effect; and/or iii) notify any relevant law enforcement body.
c) If at any time we discover that any of the warranties and representations you have given in paragraph 8.a) above are inaccurate, untrue or false then we reserve the right at our sole discretion to: i) to terminate any Contract; and/or ii) seek damages from you.
9. Indicative Price Held for 7 Days
a)Provided there has been no material change in the market value if your Vehicle since the date on which you obtained the Indicative Price from our Website we will hold the Indicative Price for 7 days from the date and time which you received that Indicative Price.
b)If there is a change in the market value of your Vehicle resulting in a reduced Indicative Price, the Contract and your Appointment will be automatically cancelled and we will use our reasonable endeavours to contact you to discuss with you whether you still wish to sell your Vehicle to us.You are under no obligation to do so but if you do still wish to proceed we will agree a new Appointment with you and then issue a new Contract Particulars document to you showing the new Indicative Price for your Vehicle.
10. Vehicles subject to finance
a) We may in our discretion agree to purchase the Vehicle even if it is subject to a finance arrangement (“Finance Arrangement”) and money remains outstanding under such Finance Arrangement. However, we will only do so if we have first received a written statement of the amount required to settle the Finance Arrangement in full from the third-party with whom the Finance Arrangement is in place.
b) We will only pay to such third party such sum we agree with you in writing and such agreement will form part of the Contract. We will forward any sum due from you under paragraph 8.c)ii) below, to such third-party on your behalf, as soon as is reasonably practicable after we enter into the Contract and have received that sum from you.
c) If the price is: i) higher than the settlement figure required to fully settle any sum outstanding under the relevant Finance Arrangement, we will pay you the difference; or ii) lower than the settlement figure required to fully settle any sum outstanding under any finance agreement you must pay us the difference.
d) You will remain liable to the third party in respect to the related finance at all times until the Finance Arrangement has been legally terminated. Any payment we make on your behalf pursuant to this paragraph 8 will be made as your agent and without our forming any contractual relationship with or having any liability to the person with whom the Finance Arrangement exists.
e) We do not accept any liability with respect to the related finance or any Finance Arrangement at any time or for any reason.
f) We will use our reasonable endeavours to pay-off the settlement sum due under the Finance Arrangement by the due date but will not be liable to you or any other person if having used such endeavours we are not able to make payment by that date.
11. Vehicle Collection and Handovers
a) We offer collection of your Vehicle from any Mainland UK address.
b) At the Appointment, you must provide to our collection agent the V5 registration document relating to the Vehicle duly completing the relevant sections of this.
c) At the Appointment you must produce to our collection agent your photographic UK driving licence or, if you do not have a photographic UK driving licence, your passport plus any other identification documentation we request (for example a utility bill with your address) and allow our collection agent to take copies of these or photograph them.
d) We may refuse to accept the vehicle if you do not comply with the requirements of paragraphs 11.b) and 11.c) above when requested.
e) We will only accept the Vehicle if handed over by you in person. We will not accept delivery of the Vehicle from any other person - you cannot nominate anyone else to carry out the hand over on your behalf.
f) We will collect and take delivery of the Vehicle at your home address (as specified in the Appointment) and not from any other location. The home address must match the address on both the identification documentation you produce as required under paragraph 9.b)ii) above and the V5 registration document relating to the Vehicle.
g) At the Appointment you must provide us with:i) all copies of the Vehicle’s keys you have (including spare keys if applicable); ii) the Vehicle’s registration document (together with appropriate proof of purchase if requested by us); iii) the Vehicle’s service history (if any); iv) the Vehicle’s user manuals (if any); and v) any accessories there may be such as a locking wheel nut, radio fascia or remote controls.
If you fail to provide any of the items referred to in this paragraph 11.g) we may refuse to purchase the Vehicle from you and terminate the Contract with immediate effect.
h) Prior to the Appointment, you must remove all personal possessions from the Vehicle. We will not be responsible for any personal items left in the Vehicle once we have taken delivery of it.
i) You agree to allow our Vehicle collection agent to check the VIN of the Vehicle by connecting an OBD reader. Where such action is refused, you accept that we can only seek to purchase the Vehicle with evidence of at least 6 months ownership. j) If our collection agent cannot match the VIN shown by the OBD reader with the VIN shown on the Vehicle and associated paperwork, we will not purchase the Vehicle. k) If the OBD reader shows that the Vehicle has faults which we consider to be significant, we reserve the right not to purchase the Vehicle and terminate the Contract without liability on our part. Alternatively, we may pay less than the Indicative Price reducing the amount we pay by an amount that reasonably reflects the greater of: i) the amount by which the Vehicle’s resale value is reduced in consequence; and ii) the cost to us of putting the Vehicle back into the condition in which we had been led to believe it was. l) if you have withheld information from us regarding the Vehicle so that it is in poorer condition than you led us to understand, we reserve the right to terminate the Contract without liability to you. In this case, you will treated as if you had cancelled the Appointment and liable to pay us the amount calculated pursuant to paragraph 13.
12. Purchase of the Vehicle
a) If we learn or reasonably believe that you are selling the Vehicle for commercial purposes, (e.g. in the course of a motor trade business), we reserve the right to terminate the Contract with immediate effect. b) If you fail to fully comply with the hand-over requirements set out in paragraph 11, we may terminate any the Contract with immediate effect. c) If we terminate a Contract under paragraphs 12.a) or 12.b) above, we will not proceed with the purchase of your Vehicle and will have no further liability to you in respect of that Contract. d) If we learn after we have taken delivery of and paid for your Vehicle that you sold this to us for commercial purposes, we will be entitled to return the Vehicle to you and receive full reimbursement of the amount we have paid you for it. This right is in addition to and without prejudice to any and all other claims we may have because you have misled us with regard to your status by failing to disclose that you are dealing with us for commercial purposes. Our rights in this respect will include without limitation the right to be paid all transport and travel costs for both collecting and returning the Vehicle. Those costs will be calculated in accordance with paragraph 13 on the basis that the collection and the return of the Vehicle will each be chargeable as if the same were a separate collection under that paragraph.
13. Cancellation by you of Appointment
a) This paragraph 13 applies: i) If you decide to cancel your Appointment and do so with less than 24 hours’ notice to us; or ii) refuse to sell the Vehicle to us when we have attended the Appointment. b) When this paragraph 13 applies, we will have incurred costs unnecessarily and you will be required to pay us in respect of these. c) The amount you will be required to pay is related to the distance from Crewe where we are based to the location at which the Appointment takes place or was to take place. The amount you will be required to pay will be calculated by multiplying the distance in miles of the location of the Appointment from Crewe by the amount in the right hand column opposite the Mileage Range appearing in the left hand column within which that distance falls.
Up to 20
Between 20 and 40
Between 40 and 60
Between 60 and 80
Between 80 and 100
Between 100 and 125
Between 125 and 150
Between 150 and 175
Between 175 and 200
Between 200 and 250
Between 250 and 300
Between 300 and 350
Between 350 and 400
Between 400 and 500
Between 500 and 600
14. Our Liability
a)Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
b)We will not be liable to you for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
i)use of, or inability to use our Website or the Selling Tool;
ii)use of or reliance on any content displayed on our Website or produced by our Selling Tool since as stated in paragraph 4 above the Selling Tool does not provide a valuation but only the Indicative Price;
iii)any decision we make not to purchase a Vehicle prior to the Price having been finalised and agreed between you and us;
iv)a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each a "Virus") due to your use of our Website or the Selling Tool, or to your downloading of any content on it, or on any website linked to it;
v)your use of websites linked from our Website;
vi)booking, arranging, cancelling, or attending an Appointment.
c)We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.
d)If you are a not consumer user, please note that we only provide our site for domestic and private use.You agree not to use our site for any commercial or business purposes, and please note that in particular, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for indirect loss of any kind.
15. Your Liability
a)You will compensate us for all reasonably foreseeable costs and losses including legal fees which we incur as a result of any breach by you of these Terms.
b)You will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond your reasonable control.
16. Miscellaneous Legal Matters
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
e)No Third Party Rights
These Terms do not give rise to rights that are enforceable by any person who is not party to these Terms.
f)Failure to Enforce not a Waiver
If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
These Terms, its subject matter and its formation, are governed by English law.You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with these Terms, any Contract and your access to and use of our Website and Selling Tool (including any claims or disputes).
17. Changes to these term
We may revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website (which is set out at the bottom of this page). Your use of the Selling Tool will constitute your acceptance of the amended Terms. However, amendments to these Terms will not apply to Contracts you and we had already entered into before the date of such amendments.
18. Contact us
If you have any questions about these Terms or if you wish to contact us in connection with any matter relating to the Selling Tool or Website, please email [email protected]