Effective date: 26 June 2008
Welcome to the Terms and conditions for Autoquake.com ("Agreement".). By using the Autoquake.com ("Autoquake.com", "we," "us," or "our") website, www.autoquake.com, and Service, you agree to abide by the Agreement and by our Privacy Policy. These are legally binding agreements between you and Autoquake.com.
Your privacy is important to us. Please review our Privacy Policy, which also governs your visit to Autoquake.com, to understand our practices.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will make best effort to limit the frequency and duration of any such suspension or restriction.
You acknowledge and agree not to use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way; to send, use, reuse, disseminate or copy any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety. You understand and agree that you, and not Autoquake.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You acknowledge and agree not to use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
The information contained in our listing descriptions is for information purposes only. Autoquake.com makes every effort to provide listing descriptions that are accurate, correct and objective and, that the descriptions fairly and adequately depict the type, condition and image of vehicles at the time of sale. However, we give no additional warranties, conditions, guarantees or representations, express or implied, as to the completeness, accuracy, comprehensiveness or verification of the advice and information related to the goods or services contained on the Website or any website to which it is linked; to the condition or suitability of goods; to the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles.
When using our website or our Services you acknowledge and agree that you and not Autoquake.com are liable for any claims or losses of any nature, arising indirectly or directly from purchasing a vehicle solely based in the information provided in our listing description.
Autoquake.com welcomes you to visit our premises to physically see, inspect, and test drive the vehicle that you are considering for purchase. You should also note important information about the condition of your car, summarised in the Fair Wear and Tear guide.
Please note that the Order Acknowledgement sent via email or communicated in any other form is simply an acknowledgement that your order has been received by Autoquake.com; it does not indicate that we have accepted your order and does not form a binding contract. Acceptance of your order will take place only when we release the vehicle to you in accordance with our vehicle handover process. Until we handover the vehicle no contract will have been formed between you and us.
You acknowledge and agree that the car will not be released to you until all funds have cleared or the relevant funds are guaranteed from your card issuer or finance provider. You understand that the legal title of the vehicle will be passed from the Seller to you at the point of cleared funds.
None of the above effects your statutory rights for a customer buying a vehicle as a consumer.
If you reserve a vehicle with a £100 deposit you have 3 days to book a viewing / pay 10% deposit otherwise, it will be re-listed on the Autoquake website on the 4th day and made available for general sale.
£100 deposit is fully refundable unless you have made bulk reservations where we may reserve the right not to refund all.
Whilst we try to ensure that all the prices on Autoquake.com's website and other websites we may use as marketing channels are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or canceling your order.
If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
Autoquake.com operate a Returns Policy ('Money Back Guarantee') to benefit its customers and ensure you have the protection offered by the UK Distance Selling Regulations. The Money Back Guarantee only applies to a private purchase for personal use and not to anyone purchasing as or working as a motor trader or dealer.
A customer who wishes to apply for a Return needs to contact Autoquake.com within seven business days of taking receipt of your car. The customer is required to return the vehicle to the relevant Autoquake.com centre at a pre-agreed date and time.
Once safe receipt of the vehicle has been established by the Company a refund will be processed. This refund will be executed in the same way that payment was originally made. Should any of the conditions described in this policy not be met then the deductions specified will be made from the refund.
The car should be returned in the same condition as it was delivered. Specifically, the mileage of the returned car should be no more than 500 miles above what it was at the time of purchase.
The transaction fee is not refundable.
Any warranty purchased will be cancelled and the fee will be returned to the customer.
If the customer has committed to a finance option, there may be early termination fees. Autoquake.com does it's best to avoid this and only applies this if the finance provider charges such a fee.
The V5 registration document must be returned as soon as you receive it from DVLA. Autoquake.com reserves the right to purchase the road fund license for the returned vehicle at the refundable value.
The customer must ensure that the car is returned with the same items that it was sold with. This includes (but is not restricted to): service packs, manuals, locking wheel nuts, entertainment systems, tools & keys.
The Autoquake.com website contains links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. You acknowledge and agree that that Autoquake.com under no circumstances is responsible for the content or accuracy of materials on such third-party websites. You further acknowledge and agree that Autoquake.com shall not be responsible or liable, directly or indirectly, for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should carefully review their terms and conditions and privacy statements and other conditions of use. If you decide to access linked third-party websites you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Autoquake.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Termination of your Autoquake.com account includes without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your account, including the removal of access to all offerings within the Service, the deletion of your password and all related information, files and content associated with or inside your account or any of your item listings and barring of further use of the Service:
Further, you agree that all terminations for cause shall be made in Autoquake.com sole discretion and that Autoquake.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
When ordering goods and services from Autoquake.com for delivery overseas you may be subject to import duties and taxes, which are levied once the item reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Autoquake.com your transaction will take place in the UK and as such you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
You agree to indemnify and hold harmless that Autoquake.com (including its officers, directors, employees, agents, subsidiaries, and affiliates) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any corruption or loss of data, goodwill, wasted expenditure or reputation, business interruption, or any special, indirect or consequential damages even if Autoquake.com has been advised of the possibility of such damages (however arising, including negligence), liability claim or demand, including reasonable legal, expert and accounting fees, costs and expenses arising out of or relation to (a) your use or the inability to use the Website or the Service (b) any other breach of this Terms and conditions by you or (c) any breach of your representations and warranties set forth above that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of services by us to you was formed. Autoquake.com does not limit in any way our liability by law for death or personal injury, pain and suffering or emotional distress caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
You agree to indemnify and hold harmless Autoquake.com from any claim, suit, action, demand, loss, and damages, including without limitation reasonable legal, expert and accounting fee, costs, and expenses, made or incurred by any third party arising out of your breach of this Terms and conditions or relating to your use of the service, your use of content accessed from the sites or service, your violation of this Terms and conditions, and/or your violation of any law or the rights of a third-party.
You acknowledge and agree that the website and Service uses and contains proprietary and confidential technology and information owned and operated by or licensed to Autoquake.com Ltd., and protected by applicable intellectual property and other laws and international treaties.
All content and any portions of listings of this website is the exclusive property of Autoquake.com and is protected in accordance with English law and subject to the exclusive jurisdiction of the English Courts and international copyright, authors-rights and database right laws. You acknowledge and agree not to extract and/or re-utilise, reproduce, duplicate, redistribute, republish, copy, sell, resell, transmit, display, download, alter any portion of it, adapt, broadcast or transmit any text, images, graphics, logos, images, audio clips, digital downloads, data compilations or otherwise exploited for any commercial purpose any content or any portions listings, including product listings, descriptions, or prices of this website, source code or software. You acknowledge and agree not to utilise any data mining, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website without the written consent of Autoquake.com.
AUTOQUAKE, and THE AUTOQUAKE LOGO and other marks indicated on our website are trademarks or registered trademarks of Autoquake.com Inc. in the United Kingdom, European Union and/or other jurisdictions. Without Autoquake.com's prior permission, you agree not to display or use in any manner the Autoquake.com Trademarks.
If you believe that any content on or advertised for sale on, the website contains a defamatory statement, please notify us immediately at copyright@autoquake.com. Once this procedure has been followed, Autoquake.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Autoquake.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You acknowledge and agree that the Agreement and the relationship between you and Autoquake.com shall be governed in accordance with English law and subject to the exclusive jurisdiction of the English Courts without regard to its conflict of law principles. You agree to personal jurisdiction of the English Courts.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.