Online Orders terms and conditions (last updated 24 July 2023)
Read these Terms and Conditions carefully as they contain important information about our relationship with you. Please pay particular attention to clause 5 which sets out the limits of our liability to you.
- THESE TERMS
These terms apply to your online order. These terms and conditions ("Terms") will apply when you ("you" or "Customer") make an online order and reservation (together an "Order") for a vehicle advertised for sale ("Vehicle") by a vehicle retailer ("Dealer") on the Auto Trader website at www.autotrader.co.uk or any other Auto Trader platform (including mobile and tablet) ("Platform").
Section A below will apply if you request a part exchange valuation of your current vehicle and (at your option and subject to these Terms) put the value towards the cost of buying the Vehicle as part of a part-exchange transaction with the Dealer. Section B below will apply if you choose to apply for a finance quote and (at your option and subject to these Terms) make an application with your preferred finance provider to cover the cost of buying the Vehicle.
Please read these Terms carefully before you make an Order and use the Services (as defined in clause 4 below) on Platform. These Terms form the contract between you and Auto Trader in respect of your Order and your use of the Services and will be binding on all users of the Services. We suggest that you also keep a copy of these Terms for future reference
These Terms may change from time to time so make sure you check these Terms each time you use the Services.
Contract between you and the Dealer. Note that Auto Trader is not a party to the sale of the Vehicle to you (and/or the purchase of your current vehicle if you enter into a part exchange transaction) and accepts no liability or responsibility in respect of such transaction. There will be a separate legal contract between you and the Dealer for the purchase of the Vehicle (and/or the purchase of your current vehicle, as applicable).
- INFORMATION ABOUT US
Who are we? Auto Trader Limited is a company incorporated and registered in England and Wales (company registration number 3909628) with its registered office address at 4th Floor, 1 Tony Wilson Place, Manchester M15 4FN ("Auto Trader", "we", "us" or "our").
Regulated information. Auto Trader Limited is authorised and regulated by the Financial Conduct Authority in relation to consumer credit and insurance mediated activities (Firm reference number: 735711). Auto Trader is a credit broker, not a lender. Auto Trader’s regulated activity is limited to facilitating introductions via the use of the Platform and it does not offer a source of credit or a finance product directly to Customers and it does not undertake any of the Dealer’s regulatory responsibilities.
- QUERIES OR COMPLAINTS
Who to contact if you have a query or complaint about these Terms or the Services. If you have any queries or complaints about these Terms or the Services (as defined in clause 4 below), please contact Auto Trader Order Experts at firstname.lastname@example.org. If you have a specific complaint about the Online Finance Application Services, please see Section B below.
Our Services. When you make an Order via the Platform, you can choose to use the services listed below, which are available on the Platform, ("Services") as part of your Order.
Part Exchange – you can request a part exchange valuation of your current vehicle and then (if you choose and subject to this Part A of the Terms) put the value towards the cost of buying the Vehicle as part of a part-exchange transaction with the Dealer. Section A will apply;
• Finance – you can get a car finance quote and, if you wish, make an application with your preferred finance provider, to cover the cost of buying the Vehicle. Section B will apply;
• Delivery or collection – where this service is offered by the relevant Dealer, you can choose to have the Vehicle delivered to you or collect it from the Dealer. Note that Auto Trader is not a party to the contract for the delivery of the Vehicle (which will be subject to the Dealer’s terms and conditions of service) and Auto Trader accepts no liability or responsibility in respect of such delivery service; and
• Reservation – to complete your Order, you will be required to pay an amount to reserve the Vehicle (“Reservation Payment”) in accordance with clause 5 below.
- RESERVATIONS AND COMPLETING YOUR ORDER
- DEFINITIONS. In this clause 5, the following terms will have the following meanings unless the context otherwise requires:
Term Meaning "Reservation" means the confirmed reservation of the Vehicle, once you have paid your Reservation Payment; "Reservation Payment" means the amount to be paid by you for the Reservation; and "Vehicle" means the vehicle, which you are interested in purchasing from the Dealer in connection with a Reservation.
- You will need to pay the Reservation Payment to reserve your Vehicle. Once you have paid the Reservation Payment and submitted your Order, you will receive an Order confirmation email from us confirming the reservation of the Vehicle by the Dealer. The Vehicle is not reserved until you complete your Order and have received the Order confirmation email. Once you have completed and submitted your Order, you are not able to go back and amend your Order via your account on the Platform. If you wish to make changes to your Order once it’s been submitted, you should contact the Dealer direct.
- Auto Trader partners with Stripe Payments Europe, Ltd. ("Stripe"). When you make a Reservation Payment it will be processed by Stripe and will be subject to Stripe’s Terms and Conditions. The Reservation Payment will be held by Stripe until it is refunded to you in accordance with clauses 5.6, 5.7 and 5.8 below, and it will not be transferred to the Dealer at any point. Auto Trader does not hold your credit or debit card details.
- The Reservation Payment is a sum to be paid for reserving the Vehicle (for a maximum of 21 days) only. It is not a Part payment or deposit towards the price of the Vehicle and it does not guarantee that the Vehicle will be sold to you or that the Vehicle will be available for you to purchase from the Dealer.
- The Dealer will contact you. Once you have paid the Reservation Payment in respect of a Vehicle and submitted your Order, the Dealer will contact you by email or telephone (depending on what contact details you have provided as part of your Order) to make an appointment for you to view the Vehicle.
- Automatic refund of the Reservation Payment on confirmation of your purchase of the Vehicle or cancellation of your order. Stripe will automatically refund your Reservation Payment on receipt of confirmation that: (i) you have completed the purchase of the Vehicle, which you can do by replying to our email (which will be sent to you within 48 hours of you completing your Order) or by updating your account area on the Platform; (ii) you have cancelled your Reservation in accordance with clause 6.1 below; or (iii) the Dealer has cancelled your Reservations in accordance with clause 6.4 below.
- Automatic refund of the Reservation Payment on the 21st day after your Order. If the refund of your Reservation Payment is not triggered earlier in accordance with clause 5.6 above, the Reservation will be cancelled and Stripe will automatically refund the Reservation Payment to you on the 21st day after completion of your Order.
- Refunds will be processed by Stripe only and are subject to Stripe’s Terms and Conditions. Refunds will be paid to the same bank account that the Reservation Payment was paid from and may take up to 3 to 5 days to be processed. The exact timing of your refund payment will depend on your bank’s lead times.
- You can save and return to uncompleted Orders. You can save and return to uncompleted Orders (including adding and/or removing a Part Exchange Valuation and/or Finance Application) later, by logging into your account on the Platform. The Vehicle will not be Reserved until you have completed your Order and received the Order confirmation email in accordance with clause 5.2.
- DEFINITIONS. In this clause 5, the following terms will have the following meanings unless the context otherwise requires:
- CANCELLATION OF YOUR ORDER
- You may cancel your Order at any time (before you enter into a contract with the Dealer to purchase the Vehicle) and obtain a refund of the Reservation Payment in accordance with clause 5.6 or clause 5.7 above. You may cancel your Reservation either by replying to our email (which will be sent to you within 48 hours of you completing your Order) or by updating your account area on the Platform.
- Valuations remain valid after cancellation of your Reservation. If, as part of your Order, you obtained a Valuation of your Current Vehicle (in accordance with Section A above), your Valuation will remain valid even after cancellation of your Reservation (subject to Section A above).
- Credit Applications remain valid after cancellation of your Reservation. If, as part of your Order, you make a Credit Application, your Credit Application will remain valid even after cancellation of your Reservation and may be transferred to another vehicle, to be arranged off-line with the Dealer (subject to Section B above). If you wish to cancel your Credit Application, please contact the Dealer.
- Dealer’s right to cancel a Reservation. The Dealer reserves the right to cancel the Reservation at any time if:
the Vehicle is unavailable for any reason;
despite reasonable attempts, the Dealer has not been able to contact you to discuss the sale of the Vehicle within a reasonable period after your Order is completed; or
you have made multiple Reservations with the same Dealer without purchasing a Vehicle.
- If you have not completed the purchase of the Vehicle and the Reservation has not been cancelled any earlier for any reason, the Reservation will be cancelled on the 21st day after completion of your Order and the Reservation Payment automatically refunded in accordance with clause 5.7.
- The Vehicle can be readvertised on cancellation of the Reservation. Once the Reservation has been cancelled for any reason, the Dealer is entitled to readvertise the Vehicle on the Platform.
- USE OF THE PLATFORM AND SERVICES
- The Services are only available to individual consumers. You are only permitted to use the Services if you are an individual consumer and are not ordering a Vehicle in the course of any trade or business.
- You must use the Services in good faith and only seek to use the Services and submit an Order in respect of a Vehicle if you are genuinely interested in purchasing that Vehicle.
- You must not provide false information or act unlawfully. You must not provide false information or data, including false names, addresses and/or contact or payment details or engage in any unlawful activity in connection with our Platform, your Order and/or your use of the Services. If we reasonably believe any information or data provided by you is fraudulent or you have otherwise violated any applicable law when placing your Order, using the Services and/or using our Platform, even if you have submitted your Order, we reserve the right to cancel it and in such circumstances, Auto Trader reserves its right to prevent you from using the Services in future. We may also tell the Dealer, the Lender and fraud prevention agencies about your fraudulent application and share the information you provided with them.
- YOUR ACCOUNT
Keep your account details secure. In order to use the Services, you are required to register for an account. You must keep your account password and any other relevant security details confidential and you must If you know or suspect that anyone other than you knows your account password or if you suspect any fraudulent activity relating to your account, you must promptly notify us at email@example.com. For any general queries regarding your account, please contact firstname.lastname@example.org.
We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- YOUR PERSONAL DATA
We use your personal data as set out in our Privacy Notice. How we use any personal data you give us is set out in our Privacy Notice.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
- To the extent permitted by applicable law (and subject to clause 10.1 above), Auto Trader (and its group companies) shall have no liability to you for any loss or damage you suffer or incur in respect of:
- your transaction with Stripe to pay the Reservation Payment or any failure to, or delay in the, refund of the Reservation Payment by Stripe;
- any cancellation of your order and Order by the Dealer in accordance with clause 6.4 of these Terms;
- your transaction for the purchase of the Vehicle (or any other vehicle) from the Dealer;
- (where applicable) your part exchange or other transaction for the sale of your Current Vehicle to the Dealer, or any failure of the Dealer to agree to a part exchange transaction in respect of your Current Vehicle for any reason;
- (where applicable) any reliance you may place on a Part Exchange Valuation and/or any change to, or withdrawal of, a Part Exchange Valuation by the Dealer in accordance with Section A of these Terms;
- (where applicable) any Estimates, Personalised Quotes, Credit Applications, Decisions, Offers and/or Finance Agreements (including any reliance you may place on them and/or change to them following completion of your Order);
- (where applicable) any change to your credit history as a result of your using the Online Application Service;
- your use of the Platform and Services, including any lack of availability or accessibility of the Platform or Services, where such loss or damage is caused by any event beyond our reasonable control;
- your use of or reliance on any third party websites, links to third party websites, or the information or any products or services offered by a third party on or through the Platform or Services or third party websites;
- any information or data you provide on the Platform which is not correct, complete, and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
- the suitability of (all or any part of) the Services and/or the Vehicle to your requirements;
- any acts, omissions, errors, or defaults of any third party in the provision of any product or service in connection with the Platform and/or the Services; or
- any other losses which are not foreseeable by us when you accessed or used the Platform and/or the Services. This means it was not obvious that the loss would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable).
- We will not have any liability to you if our supply of the Services is delayed, prevented, or otherwise affected by an event outside our control, such as failure of transmission, communication, computer or other facilities or your inability to access the Platform and/or the Services for any reason or any failure, error, or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium.
- In any event (and subject to clause 10.1), Auto Trader’s liability to you in respect of any and all claims arising from or in connection with these Terms shall not in any circumstances exceed £0 in total.
- We exclude all implied conditions, warranties, representations, or other terms that may apply to the Services.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Platform or the Services.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business user:
If you are a consumer user:
- OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
These Terms set out the entire agreement between you and Auto Trader in respect of the provision of the Services.
You can only transfer your contract with us to someone else if we agree to this.
The contract is between you and us. With the exception of the circumstances described in clause 11.4 below, nobody else can enforce the contract and neither of us will need to ask anybody else to sign-off on ending or changing it.
Auto Trader is entitled (at its sole discretion) to enforce these Terms on behalf of a Dealer and/or Lender in respect of your compliance with these Terms in connection with the Services.
Any notices and communications relating to these Terms shall be made by mail, email, or telephone.
If a court invalidates some of these Terms, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.