Terms and Conditions

Our Terms and Conditions were last updated on

Please read these terms and conditions carefully before using our services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BE CAR SMART LIMITED registered in England and Wales under 1 Registered at Unit 9, Harts Farm Way, Havant, PO9 1HS.
  • Country” refers to England and Wales in the United Kingdom
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service” refers to the Website.
  • Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website” refers to becarsmart.co.uk
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • “Procurement Partner” means an authorised and registered trade partner with a agreed contract with the company to be informed of vehicle data agreed to be distributed by the seller for the direct reason of buying a vehicle that belongs to the seller.
  • “Selling Partners” means an authorised and registered trade partner with a agreed contract with the company to be contacted for sourcing of vehicles to the customer.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service offered by the company.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service or have been provided with the actual account opening application forms for a Representative of Be Car Smart Limited

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

About Us

Be Car Smart Limited and www.becarsmart.co.uk

www.becarsmart.co.uk is a website operated by BE CAR SMART LIMITED a company registered in England and Wales under company number 13739097. Registered Office; Unit 9, Harts Farm Way, Havant, PO9 1HS.

Be Car Smart Limited are predominantly a Procurement service who deal with individuals looking to sell their personal vehicles.

Be Car Smart Limited also act as agents for outside procurers who are seeking vehicles to procure through an agency connected to end users.

Be Car Smart Limited also act as a Vehicle sales and sourcing agency to enable end users and trade retailers to procure vehicles through the services offered by the company and agents.

Procurement Service

Any valuation generated by agent in contact on behalf of BE CAR SMART LIMITED is based on the information you tell us about your vehicle and on the following general assumptions we make about your vehicle.

  • The vehicle has no major mechanical faults.
  • it has never been subject to an insurance write off
  • it has no damage, including interior and mechanical
  • it has an engine which starts, and it can idle on its own, i.e. it is not a "non-runner"
  • Physical inspection is carried out on the vehicle prior to the purchase being made, any valuation and quote offered via the agent is simply determined from the information provided from enquiry.
  • Upon agreement to the valuation offered by the agent, a booking slot can be arranged for the physical inspection of the car. The time and place of this is to be mutually agreed by the enquirer ‘You’ and the agent.
  • If on inspection of the vehicle, from its history or condition shows an aspect that is deemed to influence the value of the vehicle, the price quoted may be subject to alteration.
  • BE CAR SMART Limited trading as www.becarsmart.co.uk, have no obligation to purchase the vehicle that an enquiry has been sent for by ‘you’, or in fact a valuation has been provided for by ‘the company’.

If there is a change in the market value of your car resulting in a reduced valuation, an agent will be in contact before the inspection to advise of the amended valuation and so that you have an opportunity to cancel your inspection if you wish to do so.

Pre-Purchase Requisites

Prior to the completion of purchase, we require you to provide us with the following.

  • Photographic ID
  • Proof of Address
  • Confirmation of finance settlement (if applicable)

Post Purchase Requisites

Upon successful completion of inspection and agreement on the final price offered by an agent representing ‘BE CAR SMART LIMITED’, a procurement contract is to be provided by the company to you. On accurate completion of the document, a handover will be required of the following materials.

  • Vehicle Registration Document
  • Vehicle Service History and MOT Certificate (If required)
  • All available keys
  • Any other accessories such as Parcel shelf, locking wheel nut etc.

In the event that the handover requirements cannot be fulfilled, it is agreed that the purchase contract may be rescinded, and any procurement obligations are cancelled, this will mean that there is no exchange of funds or vehicle.

Valuation Policy

The Company reserves the right to revise its prices or quotes offered at any point prior to the contractual completion of the procurement service. Any price offered prior to the successful checking of the vehicle against the accuracy of the details and data provided by you to the company is considered a quote only until the successful checks are completed by the company.

The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, natural disaster, and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order.

Payments

Payments on the purchase of a vehicle on most occasions will be made prior to the uplift of the vehicle, however, may vary if in fact it is pending the confirmation of a finance settlement in which it may be up to 72 hours post the uplift of the vehicle.

Finance Settlements

If the vehicle has outstanding payments due against the finance settlement, any valuation offered by the company to you will be used to settle the complete total of the remaining finance, if the valuation is higher than this amount the remainder is directly transferred to You ‘the seller’. If the valuation offered is lower than the amount of the remainder of the finance, then confirmation is required prior to the handover of the vehicle of the amounts outstanding greater than the valuation agreed to be paid by www.becarsmart.co.uk have been settled. Non – confirmation or failure to do this will result in the contract being terminated.

Buyer Agency Service

www.becarsmart.co.uk may also act as an agency service if agreed by you the seller with an outsourced procurement partner. Agreement to this service, is at no additional cost to you the seller, however it would be deemed to be agreed that www.becarsmart.co.uk are entitled to share and advertise any details or images of the vehicle in question with a select list of traders and procurers in partnership with the company. www.becarsmart.co.uk agrees to not disclose any personal information about you the seller until the point of an arranged inspection appointment booking, where the disclosure of information will only be what is required and relevant to the service at hand.

This may include Name, Contact telephone number, and address.

Once the seller accepts the offer from the buyer, the buyer must arrange immediate collection with the seller at a mutually agreed time and place. The buyer must provide a contract for the seller for completion prior to purchase.

Withdrawal of this contract cannot be made unless it is of a reasonable cause such as;

  • The seller cancels the sale prior to vehicle collection
  • The seller has not shown proof of confirmation the any outstanding finance settlements have been cleared,
  • The vehicle is not as is described and shows on inspection of the vehicle, from its history or condition shows an aspect that is deemed to influence the value of the vehicle, the price quoted may be subject to alteration.

The procurement partner acknowledges that it is to always act in good faith with the seller and agrees to fulfil any contractual obligations once agreed.

The procurement Partner acknowledges that when providing the seller with a contract it complies with.

  • All Laws and legislation in the governing country
  • Consumer Rights Act
  • Is solely between the buyer and the seller and does not include the use of becarsmart.co.uk (BE CAR SMART Limited) in any contractual obligations.
  • Does not sub-contract to any further procurers that are outside of the agreement between Be Car Smart Limited and the relevant partner.

The procurement partner agrees to pay all due sums to the seller as agreed in the contractual obligations. If the procurement partner does to fulfil obligations to pay the seller prior to the uplift of the vehicle, any connection and future use of the Be Car Smart Limited services will be suspended and the seller will be asked to process legal proceedings against the buyer. Be Car Smart Limited is not liable for any compensation claims in this situation and does not agree to be part of any contract between the procurement partner and the seller and is solely an Agency service.

Financial Obligations

Financial obligations between www.becarsmart.co.uk; (Be Car Smart Limited) and the procurement partner are to be negotiated on an individual procurement basis, unless there is a long-term contractual obligation between the company and the procurement partner.

Invoices for Agency fees will be raised from the successful agreement between the procurer and the seller, this will be as agreed between the Procurement partner and Be Car Smart Limited.

Payment terms are in advance of the vehicle transfer being made unless agreed otherwise between Be Car Smart Limited and the procurement partner, any differentiation will be shown on the invoice as the ‘Due Date’.

Failure to pay invoices will lead to standard debt collection methods, followed by any legal proceedings within 5 working days of the net due date. This will also end all future agency services from www.becarsmart.co.uk (Be Car Smart Limited) to the procurement partner.

Vehicle Sourcing Services

Be Car Smart Limited offer vehicle sourcing services for individuals looking to purchase a vehicle. This may be directly through the company or acting as an agency through a certified Selling Partner.

You may contact Be Car Smart Limited directly through email, telephone or through the website with the specific details or range for a set of key data of the vehicle that you are looking to purchase. Be Car Smart Limited is authorised to use your contact details to make contact and discuss details more specifically.

Be Car Smart Limited upon offering a variety of vehicles which meet specifications or close to will be due a deposit if a vehicle that meets the requirements is agreed upon by you the buyer. This will be formalised by provision of an official Be Car Smart Sellers Contract. Delivery or collection of the agreed vehicle will be determined between Be Car Smart Limited or if sourced through a Partner and the Seller.

Prior to the handover of the vehicle remainder of the due sums are required to be paid immediately by the buyer to Be Car Smart Limited or if relevant the procurement partner.

Be Car Smart Limited agrees that the vehicles should meet the following requirements, unless previously advised to the buyer and agreed – Any details are to be specified on the sellers contract;

  • The vehicle has no major mechanical faults.
  • it has never been subject to an insurance write off
  • it has no damage, including interior and mechanical
  • it has an engine which starts, and it can idle on its own, i.e. it is not a "non-runner"

Upon delivery or collection of the vehicle, it is agreed that upon inspection of the vehicle, from its history or condition shows an aspect that is deemed to influence the value of the vehicle, the price quoted may be subject to alteration. If further agreement cannot be reached, then a full refund of the payments made will be provided. If is acceptable to the buyer alternative options will be provided and will mean that refund of the deposit is not provided and used for a future agreement.

Vehicles purchased through a selling partner are under separate contractual obligations provided by the selling partner to you the buyer. Liability is not taken by Be Car Smart Limited in those instancing.

Sales Pre-requisites;

Prior to the completion of sale, we require you to provide us with the following.

  • Photographic ID
  • Proof of Address

Post Sales Requisites;

Upon handover the following will be passed from Be Car Smart Limited or the seller

  • Vehicle Registration Document
  • Vehicle Service History and MOT Certificate (If required)
  • All available keys
  • Any other accessories such as Parcel shelf, locking wheel nut etc.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or contact us at www.becarsmart.co.uk to notify us of your intention to do so

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

  • By visiting www.becarsmart.co.uk

By sending us an email: info@becarsmart.co.uk

 

Want to Sell Your Car?