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Selling terms and conditions

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Reservations standard terms and conditions

Buy and Hire (company registration number 3909628) is incorporated and registered in England and Wales and has a registered office address at 4th Floor, 1 Tony Wilson Place, Manchester M15 4FN ("Buy and Hire").

The Reservations Service ("Service") allows you to reserve a Vehicle (as defined below) via Buy and Hire’s platforms ("Platform") in connection with a participating Seller in return for payment of a Reservation Payment (as defined below).

If you choose to subsequently purchase the Vehicle from the Seller (as defined below), the Reservation Payment will be deducted from the price of the Vehicle. If you choose at any time that you do not want to purchase the Vehicle from the Seller, you can cancel the Reservation and obtain a refund of the Reservation Payment.

These standard terms and conditions ("Conditions") set out the contract terms between you and Buy and Hire in respect of the Service and will be binding on all users of the Service. However, Buy and Hire is not a party to the sale of the Vehicle to you and accepts no liability or responsibility in respect of such transaction. There will be a separate legal contract between you and the Seller for purchase of the Vehicle.

Buy and Hire are partnering with Stripe Payments Europe, Ltd., ("Stripe") in respect of the provision of the payment processing part of the Service. When you make a Reservation Payment this is processed by Stripe, and you will be subject to Stripe’s Terms and Conditions in respect of that payment.

DEFINITIONS

  • In these Conditions the following terms will have the following meanings unless the context otherwise requires:
  • "Reservation"
    means the confirmed reservation of the Vehicle, once you have paid your Reservation Payment;
  • "Reservation Code"
    means the code issued to you once you have paid the Reservation Payment which you must provide to the Seller if you want to purchase the Vehicle;
  • "Reservation Payment"
    means the amount to be paid by you for the Reservation;
  • "Seller"
    means the seller who advertises on the Platform and has signed up to the Service; and
  • "Item"
    means the item, which you are interested in purchasing from the Seller in connection with a Reservation.

RESERVATIONS

  • The Service is provided free of charge and you are under no obligation to use the Service in connection with purchasing the Vehicle from the Seller.
  • The Service may only be used with participating trade Sellers, where that option is available on the Platform in respect of the relevant Vehicle.
  • You may only use the Service if you are an individual and are not purchasing the Vehicle in the course of any trade or business.
  • You must use the Service in good faith and only seek to make a Reservation in respect of a Vehicle if you are genuinely interested in purchasing that Vehicle.

RESERVATION PAYMENT

  • Once you have paid the Reservation Payment you will receive an email from Buy and Hire confirming the Reservation.
  • The Reservation Payment is taken and processed by Stripe, subject to Stripe’s Terms and Conditions. Buy and Hire does not hold your credit or debit card details.
  • The Reservation Payment is a sum to be paid for reserving the Vehicle only (meaning that it will be deducted from the total amount of the Vehicle, if your purchase of the Vehicle goes ahead). It does not guarantee that the Vehicle will be sold to you or that the Vehicle will be available for you to purchase from the Seller.

VEHICLE PURCHASE

  • Once you have paid the Reservation Payment in respect of a Vehicle, the Seller will contact you to make an appointment for you to view the Vehicle.
  • If you want to purchase the Vehicle, you should share your Reservation Code with the Seller. The Seller can use the Reservation Code to release the Reservation Payment to the Seller. The Seller will apply the Reservation Payment in part payment of the Vehicle. You are responsible for paying the balance of the price for the Vehicle to the Seller.
  • Once you have provided the Reservation Code to the Seller and the Reservation Payment has been paid to the Seller, if you wish to cancel the purchase of the Vehicle, you must do so in accordance with the Seller’s cancellation policy and obtain a refund of the Reservation Payment from the Seller. Once the Reservation Code is released to the Seller it is no longer a Reservation.
  • It is your obligation to keep the Reservation Code safe and you should not share your Reservation Code with anyone except the Seller. You should only share the Reservation Code with the Seller at the point you want to proceed with the purchase of the Vehicle from the Seller.

CANCELLATION

  • You may cancel the Reservation at any time and obtain a refund of the Reservation Payment.
  • The Seller reserves the right to reject the Reservation or withdraw the Reservation if:
  • the Vehicle is unavailable for any reason;
  • the Seller hasn’t been able to contact you to discuss the sale of the Vehicle;
  • you have made multiple Reservations with the same Seller without purchasing a Vehicle.
  • Refunds will be processed by Stripe only, and subject to Stripe’s Terms and Conditions. Refunds may take up to 3 to 5 days to be processed.

LIABILITY

  • To the extent permitted by applicable law, Buy and Hire shall have no liability to you in respect of:
  • your transaction with Stripe to pay the Reservation Payment;
  • your transaction for the purchase of the Vehicle from any Seller (including in respect of your release of the Reservation Payment to the Seller); or
  • for (a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), (b) lost opportunity, or (c) indirect, special or consequential losses.
  • In any event (subject to clause 6.2) neither the Seller’s nor Buy and Hire’s liability to you shall in any circumstances exceed the Reservation Payment.
  • Nothing in these Conditions shall limit Buy and Hire’s or the Seller’s liability for: (a) death or personal injury arising from Buy and Hire’s or the Seller’s (as applicable) negligence or fraud; or (b) for fraudulent misrepresentation; or (c) any liability which cannot be excluded under applicable law.

GENERAL

  • In order to provide the Service to you under these Conditions, you are required to provide certain information which may include personal data. Any/all personal data collected by Buy and Hire via the Platform (for the purposes of the provision of the Service) shall be processed by Buy and Hire in accordance with its privacy policy. Any/all personal data collected by the Seller (for the purpose of progressing the Vehicle purchase) shall be processed in accordance with their privacy policy (which is available on request from the Seller).
  • These Conditions set out the entire agreement between you and Buy and Hire in respect of the provision of the Service. The contract for purchase of the Vehicle in connection with a Reservation shall set out the entire agreement between you and the Seller and contain all the terms which are agreed in relation to your purchase of the Vehicle. The Stripe Terms and Conditions shall set out the entire agreement between you and Stripe for the processing of the Reservation Payment by Stripe.
  • Buy and Hire is entitled to enforce these Conditions on behalf of a Seller in respect of your compliance with these Conditions in connection with the Service. Subject to the foregoing, no person other than you and Buy and Hire shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these Conditions.
  • If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
  • Any notices and communications relating to these Conditions shall be made by mail, email or telephone.
  • Neither party shall be entitled to assign their rights and obligations under these Conditions.
  • These Conditions shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.