These are the terms and conditions of use for our services, including those provided through www.desperateseller.co.uk (Site) (together the “Desperate Seller Service”). The Desperate Seller Service is operated by or on behalf of Mobility Trader UK Limited trading as Desperate Seller (we, us and our). We are a limited company, registered in England. Our registered company number is 12016686, and our registered office is at 5 New Street Square, London, United Kingdom, EC4A 3TW. Mobility Trader UK Limited is an appointed representative of Volkswagen Financial Services (UK) Limited, which is authorised and regulated by the Financial Conduct Authority with firm reference number 311988. Our VAT registration number is 326461802.
Your use of the Desperate Seller Service will be subject to these terms and conditions and by using the Desperate Seller Service you agree to be bound by them.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 22 February 2021.
The Desperate Seller Service provides information about vehicles and financing options which are available from our partner dealerships.
The Desperate Seller Service also allows you to communicate directly with our selected dealerships about vehicles you are interested in and create saved searches and get notifications if a car matching your criteria becomes available.
Please note that we do not sell vehicles or offer financing options directly to you and any agreements for the purchase of vehicles and related credit arrangements are between you and the relevant dealer or credit provider (as applicable). We are not responsible for, and provide no guarantee or warranty in relation to, the quality of any vehicle you purchase or for any information or other products or services provided by our selected dealers.
If the Desperate Seller Service provides professional information (for example, financial or legal), such information is for informational purposes only and should not be construed as financial or other professional advice. No action should be taken based upon any information provided through the Site. It is your responsibility to ensure that any third party financing options you may enter into are suitable for you. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
The Desperate Seller Service is intended for use only by persons who are at least 18 years of age. By using the Desperate Seller Service, you confirm to us that you meet this requirement.
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Desperate Seller Service and is compatible with the Desperate Seller Service. We cannot guarantee the continuous, uninterrupted or error-free operability of the Desperate Seller Service. There may be times when certain features, parts or content of the Desperate Seller Service, or the entire Service, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Desperate Seller Service, or any features, parts or content of the Desperate Seller Service.
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them. CAP HPI has a right to enforce any breach of the Desperate Seller terms directly against a visitor.
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Desperate Seller Service is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages, and/or reviews (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.
User Submissions must not:
You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any User Submission must be sent to email@example.com and must contain details of the specific User Submission giving rise to the complaint.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms and conditions shall limit or exclude our liability to you:
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer shall not exceed £150 in respect of any one event or series of events and is strictly limited to losses that were reasonably foreseeable.
These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms and conditions or the Site will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
We take all complaints seriously. Please let us know if you’re not happy with our site or if we’ve made a mistake so that we can try to put things right. You can do this by contacting us using the details in the section below entitled "Contacting us" . We will investigate your complaint straight away and will provide a written response.
If your complaint relates to finance we cannot resolve your complaint within three business days, we will refer your complaint to our principal firm, Volkswagen Financial Services (UK) Limited, to complete and communicate the outcome of the investigation to you.
If you’re not happy with how we’ve handled your complaint and you are an eligible complainant as defined by the Financial Conduct Authority, you can contact the Financial Ombudsman Service once you’ve received our final response to your complaint. The Financial Ombudsman Service is an independent organisation that helps to resolve complaints. You can contact them:
By phone: 0800 023 4567
By post: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London E14 9SR.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org by telephone 020 3868 4949 between the hours of 9:30am to 6pm, Monday to Friday or write to us at: 5 New Street Square, London, United Kingdom, EC4A 3TW
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