MyMercedes-EClass web site ["Web Site"] is owned & operated by Simply Cars Limited ["Simply Cars"]. The Company is registered in England and Wales Registration Number 6004433. The Web Site is made available for personal, non-commercial use by UK residents only [the "User(s)"].
Basis of use
Reference to any gender shall include all genders.
Basis of contract
The User will request a quotation by searching for cars using the “Choose Vehicle” section. A contract is formed between Simply Cars and the User when Simply Cars accepts the User’s request for a quotation (“Contract”). These terms and conditions shall govern the use of the Web Site to the exclusion of any other terms and conditions. Each and every request for quotations placed by Users leading to a Contract which is not expressed to be subject to these terms and conditions shall still be subject to them. These terms and conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to Users. Users acknowledge that they do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
Simply Cars may modify these conditions at any time. It is the User’s responsibility to keep the conditions under review. A User’s continued use of the Web Site shall be deemed to be that User’s acceptance of any modification which will apply to any subsequent quotations requested by the User and the User’s subsequent use of the Web Site.
The service provided by Simply Cars, via the Web Site, is free to Users.
The Web Site operates as follows:
i. A User of the Web Site specifies a vehicle he or she is looking to buy. The Web Site will provide information, if necessary, to assist the User if input errors are made;
ii. Simply Cars sends an email alert to selected manufacturer approved, mainland UK, franchised dealers [the "Dealer(s)"] requesting their ‘best price’ quotation to supply the vehicle specified. At this stage dealers will be sent a unique reference and NOT personal contact details provided by the User to the Web Site;
iii. Non-binding quotes received from Dealers are collated by Simply Cars and presented back to the User via the Web Site. To protect the interest of Dealers and the personal data of the User, both the User and the Dealers’ identities are withheld until such time that a User indicates a desire to proceed. There is no obligation on a User to enter into a contract with a Dealer simply by having requested a quotation from Simply Cars;
iv. The User decides with which quotation(s) he or she wants to proceed (if any);
v. On request by the User for ‘dealer contact’ or ‘quote update’, Simply Cars sends the contact details of the User to the relevant Dealer requesting that the Dealer makes contact with the User as soon as possible. At the same time Simply Cars provides the User with a contact name for the Dealer. From this point, Simply Cars has no further involvement in any subsequent vehicle sale, or other transaction, that may transpire between the Dealer and the User whatsoever. Simply Cars does not act as the User’s, or the Dealer’s agent.
vi. Initially Simply Cars will release contact details of a maximum of two Dealers to the User. If Simply Cars receives information from the User and a Dealer that contact has been made, but the User decided not to proceed with a purchase, Simply Cars will send the User details of another Dealer and send the User’s details to that Dealer. More Dealers’ details may be released on a one-by-one basis in accordance with this Clause vi.
Request for quotations
Simply Cars has the right to refuse to accept any requests for quotations.
The User may request a quotation through the Web Site [or by telephone].
The User shall be responsible for the accuracy of the User’s enquiry and for giving Simply Cars any and all information necessary for Simply Cars to perform the Contract. When the User inputs his details via the Web Site or on the telephone, the User is responsible for ensuring that all information the User gives Simply Cars is correct. The Web Site processes will provide the User with instructions on how to correct certain errors.
Simply Cars tries to ensure that all the details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error Simply Cars will advise the User as soon as possible.
Simply Cars may at its sole discretion refer Users which Simply Cars suspects or knows are not ready to buy a car back to the car selector search.
Simply Cars’ Role
Simply Cars does not act as an agent, either for any User or for any Dealer. Its sole role is to obtain quotations for Users and, when requested by any User, to pass the User’s contact details to Dealers and the Dealers’ details to that User. Simply Cars accepts no liability whatsoever for any subsequent purchase, or attempted purchase, of a vehicle by a User or any other arrangement between the User and any Dealer or third party.
Any quotation provided to the User by Simply Cars is provided to Simply Cars by a Dealer. It is Simply Cars’ intention that these quotations are reflective of the price but they are not binding, either on Simply Cars or on the Dealer. The User acknowledges that the quotations should be considered by the User only as a price guide.
Simply Cars uses reasonable endeavours to check the accuracy of information published on the Web Site. Simply Cars does not warrant that such information will be error free. The User acknowledges that the information he receives from the Web Site may include inaccuracies or typographical errors.
Users may cancel the Contract for the service at any time by contacting Simply Cars by email at the email address found in the “Contact Us” section of the Web Site. Dealers can temporarily ‘pause’ their contract for services at anytime via the website in their dedicated Account Management area
IMPORTANT! PLEASE READ THE FOLLOWING CLAUSES CAREFULLY AND ENSURE YOU UNDERSTAND THEM
Simply Cars shall have no liability to Users for:
- misrepresentation to Users where such information has been provided to Simply Cars by a Dealer;
- non-availability of the Web Site;
- failure to perform the service caused by matters beyond Simply Cars’ control;
- breach of any contract between the User and any Dealer or any third party;
Users are asked to notify any shortcomings or complaints about the services to Simply Cars immediately, so they can be remedied. Claims may be rejected or any potential compensation reduced if Simply Cars has not been given an opportunity to put matters right.
Simply Cars shall only be liable to the User for:
- losses that were foreseeable to both parties when this Contract was formed; and
- losses that are caused as a result of Simply Cars’ negligence, or a breach of contract or breach of statutory duty by Simply Cars.
- Nothing in this Agreement shall exclude or limit Simply Cars’ liability for death or personal injury due to its negligence, breach of duty or breach of contract.
As a consumer, the User has certain statutory rights regarding the supply of defective services and claims in respect of losses caused by any negligence of Simply Cars or failure by Simply Cars to carry out any of its obligations under this Agreement. Nothing contained in this Agreement shall affect the User’s statutory rights.
No waiver by Simply Cars of any breach of these conditions shall be considered as a waiver of any subsequent breach of the same provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the effective provision shall be unaffected and shall remain in full force and effect.
Simply Cars shall have no Liability to Users for any delay in performance to the extent that such delay is due to any event outside Simply Cars’ reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, sub-contractors delays, strikes, lock outs, buy outs, civil commotion, malicious damage, explosion, Governmental action and other similar events.
All third party rights are excluded and no third party shall have any rights to enforce this contract.
These terms and conditions will be governed by the laws of England. The parties agree to submit to the non-exclusive jurisdiction of the English courts.
Please read these terms and conditions carefully before using this Web Site. These terms and conditions apply to the entire contents of this Web Site ["Web Site"] and to any correspondence by email or telephone between Simply Cars and Users. By accessing or using the Web Site, Users agree to be bound by the provisions set out below. If a User does not agree to be bound in this way, access or use of the Web Site should cease immediately.
Simply Cars may modify these provisions at any time. Any such modifications are effective immediately from the time they are included on the Web Site. Users agree to review these provisions regularly to ensure they become aware of any modifications to them.
All intellectual property rights, including but not limited to all and any patents, copyright, database rights, design rights (whether registered or unregistered) trade marks (whether registered or unregistered) or other industrial or intellectual property rights subsisting anywhere in the world and all rights to apply for the same in or relating to this Web Site (“Intellectual Property”) is the property of Simply Cars Limited (“Simply Cars”) or of third parties who Simply Cars has agreed can put their intellectual property on the Web Site. No Intellectual Property relating to the Web Site may be used or reproduced in any form, whether electronically or otherwise, without the prior consent of Simply Cars. “MyMercedes-EClass” logo is a trade mark and is the property of Simply Cars. Other product and company names contained in the Web Site may be the trade marks of their respective owners. All copyright, including copyright in the Web Site design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, source code, databases and all other material on the Web Site are copyright 2006 Simply Cars Limited unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Infringement of Simply Cars’ copyright in the Web Site or the materials associated with the Web Site may lead to criminal and/or civil sanctions in the UK, US and other countries.
Permission is granted to Users to copy electronically and to print hard copy portions of the Web Site for the sole purpose of using the Web Site as a research and information resource provided the User agrees not to change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on the Web Site, including modification, distribution or republication, is strictly prohibited.
If you believe that any content of the Web Site in any way infringes intellectual property rights belonging to you or any third party, please contact Simply Cars immediately.
Cookies are software applications which are placed on the hard drive of computers by web sites. The aim of a cookie is to track a User’s navigation of the web site and store the information on the User’s hard drive. This information should make the User’s web site visits more productive by storing and using information on web site preferences and habits. They do not identify Users individually but they do identify a User’s computer. Your browser software can choose whether or not to accept cookies and most browser software is initially set up to accept them. Simply Cars may offer cookies to Users and Users should ensure that their browser software is set not to accept cookies if they do not wish to receive them. Further information on cookies and how you can remove cookies from your browser is provided by the Interactive Advertising Bureau on its web site which is located at www.allaboutcookies.org.
Please note that any e-mail sent to or from Simply Cars via the Web Site and any attachments will not be encrypted unless prior written notice is given on the Web Site. They may therefore be liable to be compromised. This is an inherent risk in relation to e-mail.
Simply Cars does not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by e-mail.
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
Simply Cars will use its reasonable endeavours to prevent contamination of any material sent to Users with any virus or similar destructive code.
Simply Cars does not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by Users may suffer as a result of their accessing the Web Site and/or any other communication via the Internet between Users and Simply Cars.
It is each and every User’s responsibility to scan what he/she chooses to download from this Web Site to ensure that it is free of such items as viruses, worms, trojan horses and other similar destructive code.
The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the Internet or if we send you such information at your request.
If you choose to give us personal information via the Internet we may need to correspond with you, for example, to let you know how we will use such information. If you inform us that you do not wish to have this information used as a basis for further contact with you then we will respect your wishes.
Links to other sites
The Web Site contains links to web sites operated by third parties; links are provided solely for the User’s convenience. The operation of such web sites is entirely outside Simply Cars’ control and the User proceeds at his own risk. Simply Cars has not reviewed the content of any third party web sites and it is not responsible for their content or availability. Simply Cars does not endorse or sponsor the products, services or content Users may access through any linked site.
The User acknowledges and agrees that all third party suppliers of products, services or content through links contained on this Web Site are independent entities and Simply Cars shall not be liable in respect of any act or omission on the part of such third parties, including without limitation with respect to product liability claims or any claim of negligence or wrongful act of such third parties and Simply Cars shall have no contractual or other relationship or obligations with the User or any such third parties in this respect.
Links to the Web Site may only be made with the prior permission of Simply Cars.
Advertising and sponsorship
Areas of the Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site complies with all legal and regulatory requirements. Simply Cars will not be responsible for any error or inaccuracy in advertising material.
Neither Simply Cars nor any of its affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of the Web Site.
Simply Cars is only providing the Web Site and its contents on a “as is” basis and Simply Cars makes no (and expressly disclaims all) representations and/or warranties of any kind with respect to the Web Site or its contents including without limitation warranties of satisfactory quality and/or fitness for a particular purpose. In addition Simply Cars does not represent or warrant that the information accessible from or via the Web Site is accurate, complete or current.
The limitations of liability in relation to the Web Site applies to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income, production or profit, loss of or damage to property and claims of third parties.
Consumers have certain statutory rights regarding the supply of defective services and claims in respect of losses caused by any negligence of Simply Cars or failure by Simply Cars to carry out any of its obligations. Nothing contained in these terms shall affect the User’s statutory rights.
Users are liable for any telephone charges and any charges made by their internet service provider as a result of their use of the internet service.
Any rights not expressly granted by Simply Cars are reserved.