Car Sales Website Terms and conditions
These Confused.com car sales terms and conditions (“Car Sales Website Terms”) set out how you may make use of the Confused.com car sales section of the Confused.com Cars website (“Car Sales Website”) as a guest or a registered user. Access to the Car Sales Website is permitted on a temporary basis, and we reserve the right to amend or withdraw the services provided at any time. Any other use of the Confused.com website is governed by our general terms and conditions.
By using the Car Sales Website, you agree to these Car Sales Website Terms and to the Confused.com privacy-policy on each visit. If you are creating a new account or are an existing registered user, you should also read our general terms and conditions.
We reserve the right to amend the Car Sales Website Terms at any time. The amended terms will be effective from the date they are posted on the Car Sales Website. Please check the Car Sales Website Terms every time you use the Car Sales Website to ensure you understand the terms that apply at that time.
Who are Confused.com?
Confused.com, is a trading name of Inspop.com Limited. Inspop.com Limited is registered in England and Wales (Registration No. 03857130), with the registered address at: Floor 3, Greyfriars House, Greyfriars Road, Cardiff, CF10 3AL. See our About us page for more information. Inspop.com Limited is an independent, wholly owned subsidiary of Admiral Group plc.
Inspop.com Limited is authorised and regulated by the Financial Conduct Authority (FCA) with the Firm reference number 310635. This can be confirmed at www.fca.org.uk/ or by contacting the FCA on 0800 111 6768.
You may only use the Car Sales Website for lawful purposes. You must not use the Car Sales Website:
- in any way that breaches any applicable law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- by knowingly introducing into the Car Sales Website or transmitting through the Car Sales Website any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, ransomware or any other malicious code;
- in any way which would interfere with or disrupt the Car Sales Website or servers or networks connected to the Car Sales Website;
- by attempting to or undertaking any action to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software or code underlying the Car Sales Website;
- by using automated means to download data and/or content from the Car Sales Website, including the use of spiders, robots, crawlers or similar programs;
- to obtain contact details for the purposes of contacting our staff, other users of the Car Sales Website or our customers for any reason (including marketing); and/or
- for business or commercial use
If you are making any contribution to the Car Sales Website, including registering as a customer, you must be accurate where facts are stated, be genuine where opinions are stated and comply with the applicable laws of the UK. Any contribution to the Car Sales Website, and any other information you provide to us, must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty, which means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Car Sales Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Car Sales Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Subject to the section headed ‘Intellectual Property Rights’ below, in permitting you to use the Car Sales Website to search the database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes.
Car Sales Website content
The Car Sales Website allows you to search our online database of new and used vehicles which are available to purchase or hire. We will endeavour to ensure that photographs, descriptions, specifications and advertising provided in respect of the vehicles shown are accurate and up to date. In some circumstances vehicle information may be provided to show an illustrative example of the model and should not be taken as representing the exact vehicle you may choose to purchase.
The pages contained in the Car Sales Website may contain technical inaccuracies or typographical errors and may at times be out of date. We give no warranties, conditions, guarantees or representations, express or implied, as to:
- the completeness or accuracy of the content or information contained on the Car Sales Website or any website to which it is linked
- the content of the advert 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
- the completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet your requirements.
The Car Sales Website content does not constitute advice and you may wish to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Car Sales Website content.
Some vehicles advertised on the Car Sales Website are offered for sale by us directly. If a vehicle is offered for sale by us, we will be listed as the seller in the vehicle advertisement and purchase of these vehicles is subject to our Vehicle Purchase Terms & Conditions, which can be viewed here. The display of vehicles on the Car Sales Website and/or any quotation given by us to you on the Car Sales Website in respect of any vehicle shall not constitute an offer by us to sell or supply any vehicle to you. We may in our absolute discretion refuse to sell you a vehicle or process your order.
After you have carried out a vehicle search on the Car Sales Website, we will try to provide you with accurate information relating to the availability of the make and model of the vehicle selected. However, we make no guarantee that a vehicle will be available for purchase. If you contact us, we will carry out a more detailed stock availability search to determine whether we can supply that vehicle to you ("Stock Availability Search").
We will endeavour to carry out the Stock Availability Search promptly following your enquiry regarding the vehicle. If we are unable to confirm the availability of the vehicle or proceed with your order for the vehicle for any other reason (including if a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the vehicle) we will notify you of this.
If the vehicle is available for purchase we will send you an order form by email setting out the description and specification of the vehicle, the price and payment terms and details of how to arrange a delivery date. The order form will include our Vehicle Purchase Terms & Conditions and e-signature page which you can use to agree to purchase the vehicle. Alternatively, you can print and return a signed copy of the order form to us at the address show on the order form.
In order for us to proceed with your order, you must pay to us a refundable agency fee of £200, following the payment instructions provided on the order form. The agency fee is intended to signal your intention to enter into a legally binding contract with us to purchase a vehicle and will be fully refunded to you if the purchase of the vehicle is not completed for any reason (including if you decide not to complete the purchase). The refund will be made by the method you used for payment within 3 working days of us receiving it in cleared funds, unless you proceed to purchase the vehicle, in which case the agency fee will be deducted from the purchase price of the vehicle.
In the event the vehicle you have selected is unavailable, a member of our sales teams may contact you (by e-mail or telephone) to offer an alternative vehicle, based on your search criteria. If you decide to proceed with the purchase of the alternative vehicle, then the purchase and supply of the alternative vehicle will be subject to these Car Sales Website Terms and the Vehicle Purchase Terms & Conditions.
Where you apply for finance in respect of any vehicle that we are selling, the finance is provided by our third party finance providers. We are acting as a credit broker and not a lender. Finance product listings are provided by us on a non-advised basis. This means that no advice is given or implied and you are solely responsible for deciding whether the product is suitable for your needs. If you are not sure which product is right for you, you should seek advice.
You will not be charged a fee for using the finance product search service, but you should check with your chosen provider to find out what fees may be applicable if you decide to proceed with the finance application. We may receive a fee and/or commission from the third party finance provider when you purchase products or services from them via the Car Sales Website.
Our finance product search and application service is provided by Codeweavers Limited (a registered company in England & Wales. Company Reg No: 4092394. Registered address: Barn 4 Office E, Dunston Business Village, Dunston, Stafford, Staffordshire ST18).
If you accept a quotation from any of our finance providers, you will be required to provide further financial and personal information that will allow them to confirm your identity and confirm that the product you have selected is appropriate for you.
You will be required to enter into a finance agreement with your chosen finance provider. The ownership of the vehicle that you purchase with the funds from the finance provider is subject to the terms of your agreement with that provider. We recommend that you read and understand any terms and conditions contained within the finance agreement before you agree to be bound by it. We shall not have any liability to you arising out of or in any way connected with your finance application or your finance agreement with a third party provider.
Prior to entering into a contract for the sale of the vehicle with you, we may pass information that you have given us (including the information on your driving licence) to a third party to carry out an ID check. In the event that we are unable to verify your identity, we reserve the right to refuse to proceed with your purchase of a vehicle. Please ensure your driving licence information that you provide to us on the Car Sales Website is accurate and up to date.
To ensure the finance providers have the necessary facts to assess your financial profile, verify your identity, to help prevent fraud and to provide you with their best finance options, information may be obtained from third parties at the point of providing a quote, and/or in certain circumstances where an amendment to your agreement is requested or required. This information may include a ‘soft’ credit check from a credit referencing agency. Soft credit checks allow you to get quotes without affecting your credit rating, and are visible on your credit report but do not show up in the same way as a 'hard' check.
Completing an application for vehicle finance does not guarantee that a particular vehicle will be available for purchase. We will only verify the availability of a particular vehicle when your finance application has been approved and we have performed a detailed "Stock Availability Search" as described above. You acknowledge that a 'hard' credit check will be carried out and recorded against your credit file without any guarantee that the vehicle will be available.
We reserve the right to change the price of the vehicle either before or after an order is placed. If the price of a vehicle is changed after your finance application has been approved we shall notify you of the change and you have the right to withdraw your order if the change is not acceptable and receive a full refund of any monies paid. If the change in price is acceptable then we or the finance provider will contact you to confirm the change.
Some vehicles are advertised on the Car Sales Website by our selected third party dealers and will be subject to that dealer's terms and conditions. If a vehicle is being listed by a dealer, the dealer will be listed as the seller in the advertisement. We do not own any vehicles advertised as being sold by a dealer and all data and information relating to those vehicles is provided to us by our third party dealers. If you choose to purchase a vehicle advertised for sale by a dealer on the Car Sales Website, the contract will be between you and the dealer and not with us. If you have any questions regarding a vehicle or the sales process with the dealer (both pre and post-sale) then please contact the relevant dealer.
Our liability to you
Please read the following information carefully as we include some limits and exclusions of our liability to you which arise from your use of the Car Sales Website. These terms do not exclude or limit our liability to you in any way for personal injury or death caused by our negligence, for fraud or fraudulent statements made by one of our employees or agents or for any liability for which it would be unlawful for us to limit or exclude.
We will not be liable to you for any losses which you suffer as a result of your use of the Car Sales Website which are not foreseeable at the time of you agreeing to these terms and conditions. If you are using the Car Sales Website as consumer then we will not be liable to you for any business losses resulting from your use of the Car Sales Website.
Please be aware that different limitations and exclusions of liability may apply to our liability arising as a result of you purchasing a vehicle from us. These limitation and exclusions will be set out in our Vehicle Purchase Terms and Conditions which will be attached to your order form and are included below. If you purchase a vehicle, goods and/or any services from a third party, we shall have no liability to you for any losses that you may incur as a result of your purchase of the vehicle, goods and/or services from a third party.
Whilst we take every reasonable step to counteract viruses and other things with contaminating or destructive properties, we can give no warranty that this site and its content are free from viruses or anything else that has such contaminating or destructive properties.
If our standards fall short
Our aim is at all times to provide a first class standard of service. However, there may be occasions when you feel we may have not achieved this. If we fall short of our own high standards then we want you to tell us! At Confused.com we take all complaints seriously and in such an event please email us.
If your complaint is regarding a finance provider or a third party dealer, then we ask you to address your complaint directly to that company.
Third party or other services links
You can link to other websites by means of hyperlinks published on the Car Sales Website or e-mailed to you as part of our service. These websites are owned and operated by third parties and you should read any terms and conditions they present before using their site.
We accept no liability for any statements, information, products or services that are published on or may be accessible through third party websites. Indications for the cost of finance products may be presented on the Car Sales Website. These products are only available through the Car Sales Website and do not form part of the Confused.com service.
If at any time you would like to contact us, the details are available on our Contact us page.
Intellectual property rights
Any logos, trademarks, service marks and domain names and all related intellectual property rights, of the companies whose sites we use in providing the service, belong to those companies, and you may not reproduce them without their prior written consent.
Except for the information provided to us by the third party companies, all intellectual property rights including, without limitation, all logos, trade marks, copyright, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying the Car Sales Website and/or the service we provide belong to Inspop.com Limited. All rights of Inspop.com Limited in such intellectual property rights are hereby reserved.
Any private individual may print off a copy of any part of this material for their own personal use, subject to the following conditions:
- The material may not be used for any commercial purposes;
- The copy must retain any copyright or other intellectual property notices contained in the original material;
- The technology or processes utilised by or described in the Car Sales Website may be subject to other intellectual property rights reserved by Inspop.com Limited (on which see the section headed "Intellectual Property Rights" below);
- Images on the Car Sales Website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s);
- No logos, trademarks or service marks appearing on the Car Sales Website may be printed off or copied, except as part of the text of which they form part.
Unauthorised commercial or bulk use may slow down the speed of the service we can provide for our customers. We will monitor the use of our services. We reserve the right to take action against those using our service in an unauthorised way, to prevent disruption of our service to genuine customers, and to recover any losses we suffer.