1.   ABOUT US

www.webuyyourharley.com is a website operated by webuyyourharley ltd (“we” or “us“).

2.   THESE TERMS

These terms (together with the documents referred to within) (the “Terms“) set out the terms on which you may access and use our www.webuyyourharley.com website (“our Website“), and the services available on it (the “Services“), which include our online Motorbike valuation tool (the “Valuation Tool“).

These Terms govern your use whether you access our Services via a computer, mobile device, or some other means.

Please read these Terms carefully before you start to use our Website. We recommend that you print a copy of them for future reference.

By using our Website, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use our Website or any of the Services.

3.    OTHER APPLICABLE TERMS

The following additional terms also apply to your use of our Website:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our Website.

 

4.    CHANGES TO THESE TERMS

We may revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website. Your continued use of our Website or Services will constitute your acceptance of the amended Terms.

5.     PERMITTED USE OF OUR WEBSITE AND VALUATION TOOL

Our Valuation Tool has been designed to allow private individuals or businesses wishing to sell a Harley-Davidson Motorbike on their own behalf (i.e. not as part of their own commercial activities) to obtain a valuation of their Harley-Davidson Motorbike  and to provide them with the opportunity to sell the Motorbike to us.

You are only permitted to access and use the Valuation Tool for personal, non-commercial purposes (i.e. not as part of your own commercial activities). Use of the Valuation Tool to obtain car valuations for commercial purposes, for example, to value Motorbikes you intend to sell to third parties and not to us, is strictly prohibited.

We continuously monitor the use of our Valuation Tool and use technology to inform us of any improper, commercial use. If we identify any improper commercial use of the Valuation Tool, we may charge you a fee for each unauthorised valuation you processed using our Valuation Tool (see details in paragraph 6 below).

You must not do. You must not:

  • transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;
  • attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
  • use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system;
  • use our Website or Services to create, check, confirm, update, modify or amend your own or another person’s databases, records or directories;
  • use our Website in any unlawful, fraudulent, offensive or abusive manner;
  • attempt to copy our data or reverse engineer the Services the processes used on our Website; or
  • do anything which might interfere with any other user’s enjoyment of our Website or Services.

 

6.      ACCESS TO AND AVAILABILITY OF OUR WEBSITE

You are responsible for making all arrangements necessary for you to have access to our Website and Services, including using your own virus protection software.

Use of our Website and Services is free of charge. However, if you are using our Website or Services for commercial purposes, or not in accordance with paragraph 5 above, we may decide to issue you with an invoice for each valuation you obtain using the Valuation Tool (a “Commercial Online Valuation“). The cost per Commercial Online Valuation is £5 inclusive of VAT.

We do not guarantee that our Website, Services, or any content we provide, will always be available without interruptions, or be bug, virus, fault or error free.

We do not guarantee that our Website will be secure or free from bugs or viruses. You should use your own virus protection software.

We may suspend, withdraw, discontinue or change all or any part of our Website, including your access to the Website, for any reason, at any time and without notice.

7.     INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected inter alia by copyright laws and treaties around the world.  All such rights are reserved.

8.     VALUATION TOOL AND MOTORBIKE PURCHASE

Any valuation generated by the Valuation Tool (an “Online Valuation“) is based on the information you tell us about your HARLEY-DAVIDSON (the “Motorbike”) and on the following general assumptions we make about your Motorbike (the “Assumptions“):

  • it has over 6 months MOT;
  • it is not an import,
  • it has not ever been subject to an insurance write off or used for private hire, rental, driving tuition or as a police vehicle;
  • there are no major mechanical faults with the car;
  • it does not have a personalised registration plate, or, if the vehicle has a personalised registration plate it will remain with the Motorbike and no value is assigned to it;
  • it has no damage, body and mechanical;
  • it has an engine which starts and it can idle on its own, i.e. it is not a “non-runner”;
  • you have two sets of keys for the Motorbike.

An Online Valuation is not an offer by us to purchase the Motorbike. It is simply a tool to enable you to estimate the value of your Motorbike and the price which we may be willing to pay for it.

We always carry out a physical inspection of the Motorbike before we agree to buy it.

If, on inspection of the Motorbike at the Appointment, we consider that the value of the Motorbike is affected by any aspect of its history or condition, including any unusual feature or customisation or anything which affects or limits the Assumptions we made about the Motorbike, which was not apparent to us when we gave the Online Valuation, the price that we may be willing to pay for it following an inspection (the “Price“) is likely to differ from the Online Valuation.

We are not obliged to purchase any Motorbike on an Appointment.

Price Guarantee

Subject to our inspection of the Motorbike (as explained further above), the Online Valuation is guaranteed for seven days from the date on which we send it to you.

If there is a significant price change within the 7 day guarantee period, we will use reasonable endeavours to contact you to let you know that the Online Valuation has changed.

Purchase Contract

A binding agreement to purchase the Car will only be made between us once you have signed our standard written purchase contract (the “Contract“). The terms and conditions that apply to the Contract can be viewed here.

Hand-over Requirements

At the time of making the Contract, we will expect you to provide us with:

  • all copies of the Motorbikes keys you have;
  • the Motorbikes registration document (together with appropriate proof of purchase if requested by us);
  • the Motorbikes service history (if any);
  • the Motorbikes MOT certificate (if any);
  • the Motorbikes user manuals (if any);

We will also expect you to remove any personal possessions from the Motorbike once the Contract has been concluded. We will not be responsible for any personal items lost once the Motorbike is in our possession.

In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Motorbike with immediate effect, to rescind or terminate any Contract with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the Motorbike.  If we elect to rescind the Contract, we will return the Motorbike to you, and you will refund the Price to us.

Our guarantee:

We guarantee we are willing to buy every Harley-Davidson we value. So that we don’t waste your time, if there is a change in the market value of your car resulting in a reduced valuation, then we endeavour to let you know what the new valuation is at least 24 hours before your appointment, so that you have the opportunity to cancel, if you choose to do so.

Payment Options

Our standard payment terms are bank transfer. Cash is optional only with prior agreement.

9.         LIMITATIONS OF OUR LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)          use of, or inability to use our Website or Services;

(b)          use of or reliance on any content displayed on our Website or produced by our Services;

(c)          a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each a “Virus“) due to your use of our Website or Services, or to your downloading of any content on it, or on any website linked to it;

(d)          your use of websites linked from our Website or Services;

(e)          booking, arranging, cancelling, or attending an Appointment.

We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.

If you are a business user, please note that in particular, we will not be liable for:

(a)          loss of profits, sales, business, or revenue;

(b)          business interruption;

(c)          loss of anticipated savings;

(d)          loss of business opportunity, goodwill or reputation;

(e)          any indirect or consequential loss or damage; or

(f)           our dealings with you resulting in any loss of opportunity, profits, sales, or revenue, goodwill or reputation.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and please note that in particular, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.         YOUR LIABILITY

You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; (ii) your use of our Website or Service in violation of any law; or (iii) infringement of the rights of another person.

11.         MISCELLANEOUS

If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.

These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.

If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

12.         CONTACTS

To contact us, please email info@webuyyourharley.com.