This Agreement is made between you and the service provider named in the Offer (“Service Provider”, “we”, “us” and “our”). You hereby confirm and agree with us that we shall handle the transfer, resale and/or recycling of your car (“Services”) subject to these terms and conditions (“Service Agreement”) following your acceptance of the Offer under the Charity Car Agreement (“Charity Car Terms”) entered into with CarTakeBack.com Limited (“CarTakeBack”) under the Charity Car Scheme.
The Charity Car Scheme is a car donation scheme managed by CarTakeBack who will pass on the proceeds received from the disposal of your car (“Donation”) to the charity you have chosen to be the recipient of your Donation.
Our agent, CarTakeBack, is not a party to the Service Agreement and is not liable for any breach of it by either you or us.
1.1. What these terms cover. These are the terms and conditions on which we supply the Services to you. By entering into the Charity Car Terms, you agree to accept these terms and conditions.
1.2. Why you should read them. Please read these terms carefully. These terms 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. 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 Offer made by CarTakeBack under the Charity Car Terms.
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. When we use the words “writing” or “written” in these terms, this includes emails.
2.1. We will inspect your car to make sure the Assumptions under the Offer are correct.
2.2. The contract for the supply of the Services in accordance with these terms will come into existence when you tell us that you would like us to provide you with the Services.
2.3. By entering into this contract you agree to hand over your car to us free of charge (by which we mean without payment of money or, without limit, any other consideration) and for the avoidance of doubt, there will be no monetary payment, credit or otherwise made to you in addition to or in place of the Donation, by us.
2.4. If we cannot provide the Services to you. If we are unable to provide the Services, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for.
3.1. The Website Terms tell you the terms of use on which you may make use of the site CharityCar.co.uk, in order to make the Donation under the Charity Car Scheme.
3.2. The Cookie Policy sets out information about the cookies used on the site CharityCar.co.uk.
3.3. The Privacy Policy sets out how your personal information, including its transfer to third parties, is used and collected on the site CharityCar.co.uk.
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:
4.1.1. the statements and representations made by you are correct and accurate;
4.1.2. you have the legal and beneficial right to dispose of your car and are able to enter into the Service Agreement;
4.1.3. 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;
4.1.4. 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;
4.1.5. the odometer reading (mileage) of your car is, to the best of your knowledge, accurate and has not been tampered with;
4.1.6. your car is free of all finance charges, such as a hire purchase or loan agreement;
4.1.7. you have been given a reasonable opportunity to remove any personal possessions from your car; and
4.1.8. 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 under the Service Agreement, 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 we supply after the transfer of your car to us may include one of the following options (depending on the condition of your car and its location):
5.1.1. its resale to a third party which may result in the return of your car to the road (“Resale”); or
5.1.2. the recycling of your car (“Disposal”).
These options may include the offer of having your car collected (or alternatively you may have chosen to drop your car off) which you will have selected when you accepted the Offer under the Charity Car Terms.
5.2. 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.
5.3. 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 for the 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 13 will apply.
5.4. 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 13 will apply) or charge you for 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.
5.5. Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:
5.5.1. deal with technical problems or make minor technical changes;
5.5.2. update the Services to reflect changes in relevant laws and regulatory requirements;
5.5.3. make changes to the Services as requested by you or notified by us to you.
5.6. 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.
6.1. You acknowledge and agree that the Offer is conditional upon the Assumptions and your responses to our questions, as detailed in the Charity Car 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 Offer 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 Offer under the Charity Car Terms is based, then the Offer will be void. It will be at the discretion of CarTakeBack, whether a new Offer will be provided to you, and you will have a reasonable opportunity to accept it.
7.1. Under the Charity Car Terms, you have agreed to:
7.1.1. provide details of your car (on which CarTakeBack may undertake checks), its condition and its location; and
7.1.2. select a charity to which CarTakeBack will pass your Donation once received from us.
7.2. By entering into the Charity Car Terms, you have agreed to:
7.2.1. acknowledge and agree that once your Donation has been made to the charity, the Donation cannot be cancelled; and
7.2.2. consent to the collection, use and transfer of the information that you provide to us in accordance with these terms and conditions.
7.3. For each car donated by you under the Charity Car Terms, CarTakeBack shall donate to the charity:
7.3.1. 100% of the current value of the car (as if you had sold your car for the instant quotation provided on CarTakeBack’s commercial website, CarTakeBack.com); or
7.3.2. if your car is sold at auction, the final hammer price less a fixed fee to cover auction costs. Details of the current auction fees are available on request.
7.4. The decision as to whether your car is to be recycled or kept on the road is at our sole discretion. There are a number of factors that we will take into account, including (but not limited to):
7.4.1. following on from our inspection of your car, whether your car is in a condition which could mean that the vehicle could be resold and returned to the road;
7.4.2. the value that your car would attract as scrap; and
7.4.3. any information that you provide to CarTakeBack and us (in relation to the condition of your car).
7.5. You warrant to us that the mileage reading on your car is, to the best of your knowledge and belief, true and accurate and that the odometer has not been tampered with.
8.1. 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 Offer.
9.1. 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.
9.2. You agree to provide suitable means of identification (if requested by us), of which we may take copies.
9.3. When you hand over your car, and enter into this contract as described in clause 2, you shall transfer the legal and beneficial title of your car to us and you agree to provide all of the following in your possession (if requested by us):
9.3.1. all relevant keys (including any locking wheel nut or electronic keys and codes); and
9.3.2. all relevant documents (such as the registration certificate, service history, MOT certificate and manuals).
10.1. 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.
11.1. 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.
11.2. Where your car is to be sold at auction, you acknowledge and agree that:
11.2.1. we have no control over (nor shall we be liable for) the level of proceeds which may be obtained for your car. In the interest of obtaining the maximum Donation, you agree to provide us with all and any documentation you have relating to your car, including but not limited to, the car’s service history, V5C Registration Document (Log Book), MOT test certificate, radio code, instructions on any alarm system, spare keys and manuals; and
11.2.2. it is your responsibility to notify DVLA of the sale/transfer to the motor trade by promptly sending the yellow section 9 (V5C/3) of the V5C registration certificate to DVLA. You also agree to hand over the remainder of the V5C to us and make any other returns (legal or otherwise) to third parties as may be required (including but not limited to any notification to be made to your insurers) in order to inform any relevant third parties that your car has been handed over to us for resale.
11.3. 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.
12.1. You can always end your contract with us. Your rights when you end the contract are as follows:
12.1.1. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
12.1.2. In all other cases, see clause 12.3.
12.2. 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. The reasons are:
12.2.1. we have told you about an upcoming change to the Services or these terms which you do not agree to;
12.2.2. we have told you about an error in the description of the Services and you do not wish to proceed;
12.2.3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
12.2.4. 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
12.2.5. you have a legal right to end the contract because of something we have done wrong.
12.3. Ending the contract where we are not at fault. Even if we are not at fault, 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, just contact us to let us know. The contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
13.1.1. 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;
13.1.2. 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;
13.1.3. you do not, within a reasonable time, allow us access to your premises to supply the Services; or
13.1.4. you fail to perform any of your obligations set out in clause 4.1 under this agreement.
13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3. 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.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
15.1. 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.
15.2. 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.
16.1. How we will use your personal information. We will use the personal information you provide to us to supply the Services to you.
16.2. We will only give your personal information to other third parties accordance with the terms of this agreement, the Charity Car Terms (for example, to allow the charity to contact you to thank you and confirm receipt of the Donation) and where the law either requires or allows us to do so.
17.1. 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.
17.2. 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.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. 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.
