About us – T&C’s – GDPR

Posted

All sales and business activities are carried out solely in the United Kingdom.

We will never pass any of your details to an unknown third-party, or allow any direct mailing.

We do not collate lists and sell these to other companies.

All records held are routinely destroyed after 30 days unless we have to keep records for VAT, TAX and other regulations.

We never send unsolicited email, and if you believe you have anything originating from us that should not have been sent or you requested then please get in touch.

We do not retain your mobile or home phone number if you contact us by ant means which includes online forms.

The condition of any used product, including used cars, can of course vary considerably.  What you can expect when you have purchased a used car will always be based on the price you have paid, the age of the car and the mileage.

It is unlikely the car will be free from all faults. The law recognises that a second-hand car will not be perfect.

Our terms and conditions

All BirminghamCar sales are governed exclusively by the following conditions and the conditions of the respective bids, offers or sales. Alternative agreements require confirmation by BirminghamCar in writing.

You are reminded and it is brought to your attention that the sales procedure is by way of trade business sale where as is customary unless warranty is expressly given for a particular sales item the goods are sold as seen with all its faults and without warranty.

It is also brought to the attention of prospective buyers that:

They are invited to inspect an item for sale personally or through an appointed nominee, and

Payment

Unless otherwise agreed by BirminghamCar the deposit is to be received within 1 working day of any offer.

A breach of this condition shall entitle BirminghamCar to the full purchase price on demand.

BirminghamCar may also at its discretion otherwise dispose of the goods to mitigate its loss without prejudice.

The deposit shall not be construed only as an advance part payment of the contract price, but also as a holding fee from which reasonable costs of BirminghamCar expenses occurring as a result of a failure of the contract to purchase may be deducted. Unless otherwise agreed by BirminghamCar full payment shall be received by BirminghamCar within 7 days of the winning buyer notification from the eBay Internet website or any other means without deduction. Cash, cheques, bankers draft, bank transfer or PayPal are accepted as payment.

Cash payments of a full invoice amount or part thereof shall be limited to a maximum amount of £9,000.00.

Credit or debit card purchases are not accepted for the full balance, only part up to 99% maximum.

International Bank Transfers (Ireland inclusive) shall incur a charge of £20.00.

Banker’s drafts can only be accepted between 10am and 3.30pm Monday to Friday if presented with the contact number of the issuing branch.

Cheque payments will only be accepted as Full Payment upon their clearance as verified by BirminghamCar bank.

PayPal payments must be agreed before processing with BirminghamCar and a minimum amount of £25 must be processed thereafter unless previously agreed in writing prior to the transfer by BirminghamCar

Full Payment must be made before delivery. Payment is to be made in £ sterling. Banking fees, exchange differences and all other deductions are at the Buyer’s expense and may not be deducted from the invoice amount.

Goods will not be released until all funds are cleared.

Retention of Title

The title of the goods transfers to the Buyer once full payment of the purchase price has been made and hand over of the goods has been completed.

We reserve the right to remove goods from sale or to refuse to sell any goods at our discretion and at any time during the process. In this case all monies paid will be refunded to the same payment method used.

Warranty and Liability for Defects

Goods are “sold as seen”, excluding any warranty claims. BirminghamCar gives no guarantee as to description, quantity, quality, condition, suitability for use and licensing, undamaged history or the non-existence of apparent or hidden defects. BirminghamCar liability for incorrect verbal or written information is limited to deliberateness and gross negligence All goods are sold as seen with all faults & errors or omission of description (quantity & measure if applicable). Mileage is never guaranteed.

Remarks regarding the description, condition and assortment of the goods as well as indication of quantities in “en-bloc” lots are non-binding. Information, statements and promises are without obligation unless confirmed by BirminghamCar in writing.

The Buyer shall be responsible for adherence, to safety, licensing and environmental protection requirements as well as for applying for operating permits.

Default In Payment, Failure to Remove Goods, Part Exchange Vehicles

If Buyer falls to pay the full amount of the purchase price in due time, BirminghamCar shall be entitled to charge default interest at 2% above the current Longer Term Refinancing Rate of the European Central Bank, but not less than 6% and to retain all performance ensued from all purchase agreements concluded with the Buyer.

If Buyer fails to remove the goods in due time, BirminghamCar shall be entitled to charge default fees In the amount of storage fees usually charged by freight forwarders and for expenses to have the goods removed and to store elsewhere on account and risk of the Buyer. BirminghamCar shall also be entitled to refuse the acceptance of buyer’s further performance, to sell or dispose of the goods over the counter and to charge the Buyer with all costs and damages incurred.

You are reminded that BirminghamCar reserves the right to remove any vehicle from sale prior to delivery at any stage.

We will agree a price with you for your part exchange based on the information you tell us both in writing and verbally. Faults should be noted on your invoice and signed by a BirminghamCar representative. The price agreed allows for £50 of defects not described or missed by the customer. You agree to indemnify us against the cost of any defects or repairs required to make the vehicle roadworthy and a retail saleable condition plus pass a standard MOT test for a period of 30 days post sale. Any faults that become apparent a separate invoice will be sent to you at your address and payment must be made according to the “payment” section within 7 days.

Returns

We will accept any vehicle back sold to a private individual who is in no way connected with the vehicle trade. Business to business sales are final. We make a charge if you do decide to return a vehicle of £1 per mile and £87.50 per day (All plus VAT) A retention of £500 is made until you return the V5 registration document.

GDPR

DATA PROTECTION POLICY – General Data Protection Regulation compliant. 2018

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1) What information do we collect?

We may collect, store and use the following kinds of personal data: (a) information about your visits to and use of this website;

(2) Information about website visits

We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability. We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability. We may also use that information to recognise your computer when you visit our website,
and to personalise our website for you. Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one..

(3) Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy. In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to: (a) improve your browsing experience by personalising the website;
We do not share and will not provide your personal information to any third parties for the purpose of marketing.

(4) Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you: (a) to the extent that we are required to do so by law; (b) in connection with any legal proceedings or prospective legal proceedings; (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk). We will not provide your information to third parties.

(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy. If you are in the European Union, information which you provide may be transferred to countries (including the United States, Japan, which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers.

(6) Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. We will store all the personal information you provide on our secure servers.

(7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes. We may also notify you of changes to our privacy policy by email.

(8) Your rights

You may instruct us to provide you with any personal information we hold about you.

(9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies of third party websites.

(10) Contact

If you have any questions about this privacy policy or our treatment of your personal data, please contact us