Terms & Conditions of Service

Terms & Conditions of  Service – webuyyourcar.com

 

 

In General

WeBuyYourCar.com 585 Broadway 94063 Redwood City, CA,  owns and operate this Website WeBuyYourCar.com.  This document governs your relationship with WeBuyYourCar.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the „Services“) are subject to the following terms, conditions and notices (the „Terms of Service“). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the „Linked Sites“), which are not operated by WeBuyYourCar.com. WeBuyYourCar.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Buyer

WeBuyYourCar.com is the direct buyer of the car, which is offered by the user and seller of the car using the website WeBuyYourCar.com. We are not a broker. We buy the car directly from the selller.

Offer

An „Offer“ is an amount of money offererd by WeBuyYourCar.com and is defined as a transaction between WeBuyYourCar.com and a Seller. Offers are contingent upon the accuracy of a vehicle’s information submitted by the Seller. Offers are subject to change if the information provided by the seller are not accurate and do not match the real condition of the car, which is checked on site when picking the car up.

Seller

„Sellers“ are users of WeBuyYourCar.com who submit information about their vehicle in order to receive an offer by WeBuyYourCar.com. When a Seller receives our offer, By acting as a Seller, you acknowledge that you are at least 18 years of age. Minors are only permitted to use WeBuyYourCar.com´s services in conjunction with the consent of their parents or guardians. The seller needs to be the registered owner of  the car.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as „spam“; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and WeBuyYourCar.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of WeBuyYourCar.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by WeBuyYourCar.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Legal obligation

You must legally be able to sell the car to WeBuyYourCar.com on which you accept our Offer. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements.

Information you submit

You are solely responsible for any information you provide to WeBuyYourCar.com in the offer, transportation, or payment process. You represent and warrant that your personal information is true, legal, accurate, and non-fraudulent. Information may not contain any viruses or other malware that may damage or interfere with our Website WeBuyYourCar.com. Furthermore, you may not accept an offer on any vehicle, that could cause WeBuyYourCar.com to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms. You authorize WeBuyYourCar.com to use the information you supply to us in connection with our services and in accordance with these Terms.

Fraud

WeBuyYourCar.com may suspend or terminate our offer if a suspicion arises, that you engaged in any fraudulent activity in conjunction with our Website WeBuyYourCar.com.

Payment process and methods

WeBuyYourCar.com offers Sellers two possibilities to receive payment for their vehicle.
(1) „Paid on pick-up:“ the Driver of WeBuyYourCar.com will deliver payment to the Seller at the time the vehicle is picked up.

(2) „Check by mail:“ a check will be mailed to the name and address supplied by the Seller of the vehicle.

Offer information

WeBuyYourCar.com agrees to pay the Seller according to the terms stated in the Offer section provided that the Seller’s vehicle is successfully picked up by the Driver of WeBuyYourCar.com. Certain information regarding vehicle condition, location, and ownership must be submitted in order for the Seller to complete the offer and acceptance process. The Seller represents and warrants that the information provided is accurate and legally true, including, without limitation, the following:

(a) Accurate Vehicle Location: The ZIP code indicated at the time of submission must be identical to that of the vehicle location when it is picked up.

(b) Accurate Vehicle Information: The year, make, model, trim, and VIN of the vehicle indicated at the time of submission must be identical to that of the vehicle that gets picked up or delivered.

(c) Accurate Vehicle Condition: The following conditions will be verified both before and after the vehicle is picked up or delivered:

Condition Definitions

Does it drive?
The vehicle „starts“ if upon turning the ignition, the engine starts normally and idles. It „drives“ if it moves under its own power when placed into gear, is safe to drive, and is free of major mechanical issues. It must start and drive in its current condition, have its keys, and have an installed and functioning battery.

What’s under the hood?
All parts of the vehicle’s engine and transmission are intact and in position to properly operate the vehicle. The engine and transmission do not have any missing or removed parts.

What’s the mileage shown on the odometer?
The mileage shown on the odometer, rounded to the nearest thousand, which can be verified upon inspection.

Any removed exterior body panels?
The vehicle exterior (including doors, bumpers, hood, etc.) has the same properly attached parts as when it was assembled in the factory or has aftermarket replacements with nothing loose or removed.

Does it have body damage?
The vehicle has no body damage the size of a baseball or larger. Damage includes dents, rust, scrapes, or anything resulting from an accident.

Any damaged mirrors, glass, or lights?
All mirrors, glass, and lights are intact and bolted to the vehicle with nothing cracked, removed or missing.

Any flood or fire damage?
The vehicle has not been involved in an incident resulting in any water or fire damage. This includes damage to the interior, exterior, under the hood, electronics, etc.

Any removed interior parts?
The vehicle interior (including seats, airbags, radio, etc.) has the same properly attached parts as when it was assembled in the factory or has aftermarket replacements with nothing damaged or removed.
(d) Accurate Vehicle Ownership

The following questions are asked when your information is submitted to WeBuyYourCar.com:

What type of title do you have?
Having a clean title means the vehicle has never been wrecked or rebuilt, a salvage title means it has been declared a „total loss“, and a rebuilt title means it was marked as salvage but later repaired.

In which state was the title issued?
The U.S. state in which the vehicle’s current title of ownership was issued, regardless to the vehicle’s actual location.

What is the owner(s) name shown on the title?
The name of the vehicle owner(s), exactly as it appears on the title.

Do you have any outstanding liens?
A lien is placed on a vehicle until the auto loan or financing is paid off in full and a new title or lien release is issued.

Vehicle inspection

All vehicles picked up will be inspected in order to verify their condition and documentation. This inspection will take place at the moment the vehicle is picked up by WeBuyYourCar.com.

Discrepancies

If any of the provided vehicle information is found to be inaccurate at the time of inspection, WeBuyYourCar.com reserves the right to recalculate the original Offer for the vehicle, and/or the vehicle may not be picked up. In the event that the Seller does not accept the return of the vehicle, it may be deemed an abandoned vehicle, which will result in nonpayment. The Seller will be notified before any action is taken.

Payment

In most cases, the Driver is able to make  a direct payment to the Seller at the time of pick-up. If paid by mailed check, the amount due to you, the Seller, will be processed as soon the vehicle is confirmed to be picked up and the condition and documentation have been verified.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

In order to contract with WeBuyYourCar.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. WeBuyYourCar.comretains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be WeBuyYourCar.com or may in some cases be a third party. Where a contract is made with a third party WeBuyYourCar.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you sell your car, you will receive an acknowledgement e-mail confirming receipt of your contract: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the car that you sold to us has been bought by WeBuyYourCar.com. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law WeBuyYourCar.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect WeBuyYourCar.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with WeBuyYourCar.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [Your Online Store URL].

Indemnity

You agree to indemnify, defend and hold harmless WeBuyYourCar.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

WeBuyYourCar.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and WeBuyYourCar.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of WeBuyYourCar.com.

If you have any questions about our Terms & Conditions of our Service, you can contact us at any time.

WeBuyYourCar.com

585 Broadway

94063 Redwood City

Call (408) 915 1645

cj@webuyyourcar.com