Terms and Conditions of Purchase
These Terms and Conditions of Purchase apply each time we (Buyer) buy or trade a vehicle from you (Seller); regardless if the purchase is completed in person, over the telephone, by mail, email or online. Use of our appraisal service constitutes acknowledgment and acceptance of the following Terms and Conditions of Purchase. Please read all terms carefully before selling, trading, or offering to sell a vehicle to us.
Acceptance of Your Offer to Sell - You will need to provide us with details about the type and condition of the vehicle you wish to sell/trade. We will then present you with a price (subject to the rest of these terms and conditions) that we would be willing to pay for your vehicle, in the form of an appraisal. If you are pleased with the appraisal you may make us an offer to sell your vehicle at the appraisal price. We will ask you to confirm the details you provided in relation to the vehicle, and will acknowledge receipt of your offer to sell. After we consider your offer to sell, we will notify you if we have accepted it. If we decline to accept your offer to sell (but are not obliged to), we will give you a reason for our decision. We cannot guarantee the purchase of all vehicles. This is due to factors such as market demand, current inventory, or the age and condition of your vehicle. There are some circumstances where we cannot viably complete the purchase. In the rare cases where we are not able to buy your vehicle, we will always try to recommend the best course of action for you.
Price Quoted in Appraisal - All prices quoted in the appraisal are given in good faith and are derived from a combination of factors, mainly the information supplied by the Seller. If information provided by the Seller is found to be inaccurate, false, or mesleading, this can result in an inaccurate appraisal which cannot be relied upon by the Seller. We try to ensure that all appraisals provided on our website, in our literature, and given over the telephone are accurate, yet mistakes may sometimes occur. If we discover an error in the appraisal we will contact you immediately and give you the option of reconfirming your appraisal at the correct price or canceling it. If we are unable to contact you we will treat the appraisal as being canceled. No liability whatsoever can be accepted by the Buyer regarding accidental mistakes or errors caused by system failures. The appraisal is provided on a "subject to contract" basis and is not legally binding. eCarOne reserves the right to withdraw the appraisal at any time without legal consequence and with no liability to the prospective Seller.
Seller Warranties -
The Seller warrants that all the information supplied during the appraisal process is accurate and true.
The Seller warrants that the vehicle is not subject to undisclosed finance liens or loans.
The Seller warrants they own the vehicle absolutely - i.e. the vehicle is owned by Seller alone and is not subject to any arrangement with a third party, where that third party has an interest in the vehicle such as a secured loan, rental agreement, or leasing arrangement, etc.
The Seller warrants, to the best of their knowledge, that the vehicle has not been an insurance write-off or involved in any other accident or theft at a total loss.
The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of their knowledge, been tampered with or changed.
The Seller warrants that there are no undisclosed defects with the vehicle that a prudent purchaser would want to be informed about (including any engine changes or modifications to original manufacturer specifications, mechanically unsound or inoperable, un-roadworthy, emission system defects or alterations and/or frame damage and the like).
The Seller is not in breach of the vehicle manufacturer warranty clause.
The vehicle is not in breach of the vehicle manufacturer warranty clause.
The Seller warrants that they are 18 years of age or older.
Conditions of the Contract - Our acceptance of your offer to sell or trade is conditional upon the matters set out below:
All statements you have made to us preceding and during the course of the contract are full and accurate in all respects.
We are able to confirm, to our satisfaction, that we will obtain full and unfettered ownership of the vehicle at the time of payment.
The vehicle is in the same condition (subject to fair wear and tear) as described to us when we provided you with the appraisal, including being free from any damage not disclosed at that time, and the mileage of the vehicle not having increased by more than 200 miles, unless prior arrangements have been made in advance.
We receive the vehicle on the date agreed upon when we accept your offer to sell and within 7 days of us accepting your offer to sell the vehicle.
We may ask to see the vehicle before accepting your offer to sell. In any event we will inspect the vehicle before completing the purchase. If any of the above conditions are not met we may, at our choice, recalculate the appraisal price or cancel the contract between you and us. If we choose to recalculate the appraisal, and you do not wish to sell the vehicle to us at the revised appraisal price, we will treat the appraisal and contract as voided. If we determine within 7 days of collection or delivery of the vehicle that you have not complied with any of the above conditions, we shall treat the contract as having been repudiated by you. We shall return the vehicle to you and demand repayment of all sums paid.
Payment - The money due to Seller is paid by company check at the time we take possession of vehicle, and when the transfer of ownership from Seller to Buyer is complete. In the case of outstanding liens, Seller must provide Buyer with a true and accurate 21-day pay-off amount. The lien will be paid off by the Buyer. Any remaining funds will be paid directly to you, the Seller, should the pay-off amount be more than the appraisal price. The difference is called "negative equity." In most cases the negative equity can be included in your financing if you choose to trade-in the vehicle; otherwise, we will calculate the difference between your pay-off amount and our appraisal price. That difference will need to be paid directly to eCarOne prior to the completion of sale. Although we always try to offer the most prompt service possible, there is no guaranteed maximum time frame for the lien pay-off. We will however endeavor to complete lien pay-off within the 21 days of contract. It is the Seller's responsibility to continue making any and all loan payments until the pay-off amount has been received and processed by the lienholder. It is the Seller's responsibility for reimbursing eCarOne in the case that the pay-off amount is greater than the stated amount at the time the lienholder receives the funds.
Liability - We, our directors, employees and other agents shall not be liable for damages of any kind including and not limited to: direct, indirect, special or consequential damages; loss of income or profits; loss of/or corruption of data; loss of/or damage to property and claims of third parties arising out of/or in relation with our purchase/trade of vehicle.
Validity - If any of these Terms and Conditions of Purchase is unenforceable, it shall not affect the enforceability of the rest of these Conditions of Purchase.
Variations - Other than as provided in these Terms and Conditions of Purchase, nothing said or implied by our employees or sub-contractors shall amount to a variation of Terms and Conditions of Purchase, or a representation about the nature or quality of our products. The terms of this cannot be varied by oral representation or otherwise. Any deviation must be in writing and signed by both parties. Nothing in these Terms and Conditions of Purchase shall give any person who is not a party to the contract any right to enforce any of the terms of the contract.
Third Party Rights - Nothing in these Terms and Conditions of Purchase shall give any person who is not a party to the contract any right to enforce any of the terms of the contract.
Trademarks, logos and copyrights - The trade marks, logos and service marks (collectively “the Trade Marks”) displayed on the Site (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained in the Site shall be construed as granting any license or right to use any Trade Mark displayed on the Site without the prior written consent of the relevant Trade Mark owner. Your misuse or infringement of any of the Trade Marks displayed on the Site is strictly prohibited.
Governing Law and Jurisdiction - It is the responsibility of all users to comply with all relevant state and federal consumer laws in making factual representations of products and services, both on this web site and any online material linked from this web site. Understanding and agreeing to these Terms and Conditions is a condition of use of our services and of our website. These Terms and Conditions of Purchase and the contract shall be deemed to have been formed under and shall be governed and interpreted in accordance with law of the State of Texas. The Dallas County Courts shall have jurisdiction to hear disputes between Buyer and Seller.
vOffer.com or any of its network affiliates will not use any of your details for any purpose other than organizing the sale of your vehicle. Your details will not be used for any mailing lists or spam, and will not be sold or transmitted to any third parties. Furthermore, all of your information will remain completely confidential.
Personal Information is collected for the following purposes:
As required by law
To allow the vOffer.com to obtain feedback on its internal processes
To ensure our customers are aware of all of the other services available
To ensure that, where possible, vOffer.com is able to satisfy the purchasing requirements of our customers
To enable the customer to seek expressions of interest from vOffer.com and its affiliates
When collecting personal information the company uses this information only for feedback in order to be able to make customer aware of all services availabe to ensure their satisfaction of their purchasing requirements. Personal information is only retained for the purposes set out above. All personal information is secured against access by anyone not required to use the information. All personal information collected is only for the use of the company and network affiliates. It is understood that it may be disclosed to another company within the network, but at no time will personal information be disclosed to an external party without the customer's written consent. At all times the company will endeavor to maintain the accuracy of the information collected and update it where possible. To assist us in this process all customers are encouraged to verify the accuracy of the information held and, where necessary, correct any inaccuracies. The company does not require any information of a sensitive nature. Information that may be required by law from time to time will be secured by encryption and will not be available to those using the information within the company.
Responsibility of user
It is the responsibility of all users to comply with all relevant state and federal consumer laws in making factual representations of products and services, both on this web site and any online material linked from this web site
Understanding and agreeing to these Terms and Conditions is a condition of use on the vOffer.com website.
Disclaimer & Copyright Information
While every effort is, and will continue to be, made to check and enforce the accuracy of information within the vOffer.com environment, it is impossible for us to guarantee offers or statements made by advertisers, participants and contributors, whether individual or corporate, particularly given the international nature of this environment. Similarly, links and outside sites change from time to time. Any information should be taken and is intended as a guide only.
Information or opinions of advertisers and participants within vOffer.com do not necessarily reflect the views of vOffer.com management and employees. While we respect the concept of free speech, we reserve the right to remove any postings or advertisements that we feel may be offensive or inappropriate to the vOffer.com environment.
No guarantee of the suitability of vOffer.com for any purpose is implied or given. vOffer.com and content is a trademark and/or copyright and intellectual property of vOffer.com.
Various other logo's and linked content remain the property of their respective owners and may not be reproduced or utilized for other purposes.