SoManyBikes.com - Website Terms & Conditions

1 DEFINITIONS

(1) "Website" means SoManyBikes.com
(2) "You" means you, the person(s) who uses our website and services.
(3) "We" or "us" means Carbay Ltd, whose trading address is Grape Mill, Holden Fold Land, Royton, OL25LW, a company registered in England & Wales, company number 5509357. (4) "Valuation" means the amount that we suggest to you that your vehicle may be worth.
(5) "Order" means any written agreement between you and us to purchase your vehicle, sell you a particular vehicle or to provide you with any particular products and/or services.
(6) "Order Terms and Conditions" means these terms and conditions but will also include any special terms and conditions in the Purchase Order or agreed in writing by the seller. When you place an Order you will be deemed to have accepted the Purchase Order and these terms.
(7) "Associate" means any third party, whether person or organisation, with whom we are associated in any way. This will include associates who can provide services and products to you, advertisers whose websites and marketing materials we appear on and any person or organisation that has a link to or with our website.

2 TERMS

(1) These Terms apply to this website and also include our Privacy policy.
(2) Nothing in these Terms is intended to affect a Consumer's statutory rights.

3 SERVICES AND PRODUCTS

(1) Details of the services and/or products which we could provide to you are provided for illustrative purposes only. Full details of the products and services that we will actually supply to you will be contained in a written Order which can only be varied in writing. Any photographs, samples, drawings, specifications, product details in any format or any form of advertising material are shown by us to provide some indication of the products and services and are not part of the terms of your Order unless specifically stated within the Order.
(2) Nothing on the Website is, or shall be deemed to constitute financial, investment or other advice.
(3) For the avoidance of any doubt, anything on the website, including any links to any websites or information from it or anything whatsoever will not form a recommendation, endorsement, guarantee or warranty and you agree that we have no liability in this regard.
(4) The information provided on the website is for illustrative purposes only and to provide you with an indication of the products and services which we have available. It does not constitute an Order for us to supply products and/or services to you.
(5) When you submit your details to us you are making an offer to obtain the relevant product and/or services either from us or from the relevant associate/third party on the terms and conditions relating to that product and/or services. That offer may be accepted or rejected. You will receive written confirmation of acceptance.
(6) Any Order with us is not binding on either of us until it has been agreed by us and we have confirmed this in writing.

4 OUR OBLIGATIONS

We will provide the use of the website in accordance with our Terms and Conditions.

5 CUSTOMER OBLIGATIONS

(1) When using our services or when we supply products to you, in addition to any other terms and conditions contained in the particular Order, you agree to these Terms and Conditions, our Privacy policy and our Website Use Terms.
(2) It is always your sole responsibility to;
(a) confirm that you have the legal right to use the website and our services and products.
(b) ensure that any product or service meets your needs. We advise that you take independent advice.
(c) supply us with accurate, valid and current information which is free from any defects as described in clause 4(3) of our Website User terms and conditions.
(3) You will be solely liable for any expenses incurred by us as a result of your failure to comply with your obligations.

6 ASSIGNMENT

We reserve the right to assign any and all of our obligations under these terms. However, unless provided in the terms or you have our prior written consent, you cannot assign rights or obligations or delegate any duties under these terms.

7 NOTICES

(1) Any notices for either party must be in writing -
(a) for us, to the e-mail or postal address which appears at clause 1(3) above, unless we have given you written notice otherwise.
(b) for you, to the last e-mail or last postal address you provided to us and if by post should be sent using Royal Mail Recorded Delivery.
(2) Unless the contrary is proved, notices will be deemed to have been received:
(a) the day it was sent, if sent by e-mail; or
(b) on the date that Royal Mail obtain a signed receipt by or on behalf of the addressee provided that the sender holds proof of posting.

8 LIMITATION OF LIABILITY

(1) Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, agents. However, we will not be liable for any direct loss or damage however caused, as a result of any negligence.
(2) You are aware that products and services may be provided by associates. If you proceed to obtain products and services with those associates then you will be bound by their terms and conditions and it is your sole responsibility to ensure that you understand such terms and conditions before you enter into an agreement with them. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
(3) We will never be liable to you or any third party for any direct, indirect, incidental or consequential loss of profit or any other economic loss or damage whatsoever, whether or not such loss or damage was foreseeable at the date of your use of the website or the date of the Order, as applicable.
(4) Other than those implied by law where you are dealing as a Consumer, in the event of our breaching any of these Terms, your remedies are limited to damages which, in no circumstance whatsoever, will exceed the price of any products or services.

9 WAIVER

Nothing in these Terms and no express or implied waiver by us in enforcing any of its rights under these terms shall prejudice our rights to do so in the future.

10 FORCE MAJEURE

We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, general strikes, lock outs, failure of any communications including telecommunications or computer systems, pandemics or epidemics, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations.

11 INVALIDITY & SEVERANCE

Each clause or any part at all of these Terms is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of these Terms.

12 GOVERNING LAW AND JURISDICTION

These Terms shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.