Call on 01304 366666 | Press 1 for tyres/wheels, 2 for parts, 3 for salvage vehicles, 4 for eBay sales 2 TERMS AND CONDITIONS The DIY Motorist are members of the British Vehicle Salvage federation (BVSF) , Federation of small business (FSB) and part on the National Salvage Amalgamation (NSA) group. The DIY Motorist Adhere to the DSR legal requirements. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website When you use certain DIY Motorist services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from The DIY. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us. Delivery All parts ordered before 2pm Monday to Friday will dispatched the same day. Outside this time will be the next working day. Please except delivery to be between 1 and 2 working days. This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. Delivery to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland will incur high delivery charges, so please ask for details. All goods must be signed for by an adult aged 18 years or over on delivery. Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. The DIY shall be under no liability for any delay or failure to deliver the products within estimated timescales. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us. Payment We take payment from your card or account at the time we receive your order, once we have checked your card details and stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by World pay can be found at www.worldpay.co.uk . (The DIY is not responsible for the content of external websites.) To ensure that your credit, debit or charge card account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being dispatched). We will provide you with the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund. If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use, we reserve the right to cancel reservations and/or to restrict/block access to the system for that person or persons. Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently collected, placing significant numbers of reservations for the same product without them being subsequently collected and the selling of reservation confirmations. This list is not exhaustive. Payment can be made by any method specified in ‘How to use this website’. For information about secure online ordering see Security. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. All prices are shown in £s sterling and include VAT, unless it’s a complete vehicle, (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. We offer a 7-day money back guarantee. Some products are excluded from the Guarantee and are clearly marked by a † next to the product name. In the unlikely event that you receive faulty or damaged goods please make contact within 24 hrs of receiving. Any items which are not checked at point of delivery can not be refunded at a later point. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. Intellectual Property You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Liability and Indemnity Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. Subject to above, The DIY will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website The DIY will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and The DIY accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Subject to above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. Subject to above, The DIY will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. Not withstanding the above, The DIY’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. Miscellaneous Provisions The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. The DIY shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by The DIY. The DIY reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. No delay or failure by The DIY to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The DIY. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and The DIY relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and The DIY for your use of this website. DIY Salvage description of terms The buyer acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. We may remove, restrict or withdraw any item being offered for sale at any time before any Contract of Sale is concluded. In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither the user nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though the user shall be entitled to the return of any deposit or part of the purchase price you have already paid. The user agrees to indemnify, keep us indemnified from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale. We reserve the right not to release any vehicle prior to, during or after any sale for whatever reason in our absolute discretion. The user will not receive such right and title as we or the Seller has/have to or over any vehicle on which you have successfully bought and entered into a concluded Contract of Sale unless and until we receive cleared funds from the user in full payment of all due from the user in respect of that Vehicle. The user will still, however, be legally committed to purchase that vehicle and we will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally. The user will assume full responsibility for, and all risk passes to the user in respect of, any Lot the user has purchased from us/a Seller from the time the Contract of Sale is concluded between the user and us/the Seller (as the case may be). You agree to indemnify, against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot the user has agreed to purchase. DISCLAIMERS All vehicles we offer for sale are sold on an “as is where is” basis. This means sales are without any express or implied warranty (including without limitation any warranty of fitness for a particular purpose or of satisfactory quality), and it will be your responsibility for arranging collection of any purchase. We expressly disclaim the accuracy or completeness of any and/or all information provided to the user regarding vehicles whether provided in written, verbal or digital image form (“vehicle information”). Vehicle information is provided for convenience only. The user agrees that you will not rely on vehicle information in deciding whether or how much to pay for any vehicle. Vehicle information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the vehicles we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The vehicles we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. It is your sole responsibility to ascertain, confirm, research, inspect and/or investigate to your satisfaction the vehicles we offer for sale and any and all vehicle information prior to deciding whether and how much you wish to pay for any vehicle. The user agrees that all vehicles are sold “as is, where is” and are not represented to be in a roadworthy condition, mechanically sound or maintained at any level of quality whatsoever. The vehicles may not be fit for purpose as a means of transportation or for any other purpose and may require substantial repairs at your expense. The vehicles may not be of satisfactory quality, taking into account all considerations, including without limitation the price you pay for any vehicle we offer for sale. PAYMENTS AND DELIVERIES Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the vehicle you have purchased together with any applicable VAT. We must receive the Price due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 72 Hours of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by CHAPS bank transfer, banker’s draft or exceptionally cash (though the maximum cash sum we will accept on any business day is £9,000, which applies to any single payment or series of payments relating to one or more purchases). Additionally, the user may pay by cash or debit or credit card, though such payments are subject to a handling charge of between 1% and 3% plus VAT. The user agrees that if a vehicle purchased is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an un-roadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and the user shall not remove it (or cause it to be removed) from our premises under its own power. Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale. If a vehicle remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then the user shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that vehicle until the user pays us the storage fee and/or any other outstanding sums in full in cleared funds. As such you agree that we may keep possession of such a vehicle pending payment and the user acknowledges and accepts that we may have a lien (whether contractual, general or specific) over that vehicle for this purpose. MISCELLANEOUS PROVISIONS We shall have no liability to the user for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. These Terms and Conditions contain the entire agreement between (a) the user and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) the user and the Seller of any Lot purchased through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director. If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between the user and us by reason of these Terms and Conditions. In our discretion we may serve any notice on the user by email, fax or First Class post. In the case of notices sent by email or fax, the user will be deemed served at the time and date of successful transmission; in relation to notice by First Class post the user will be deemed served two business days after posting. No person other than the user has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions. As part of the registration process the user agrees to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send the user in connection with our Services. We may at any time, without notice to the user, set off any liability the user owes us against any liability we owe the user, whether any such liability is present or future, liquidated or un-liquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.9 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise. The user must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and the user shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount. Definitions Runs : At the point of going to auction the vehicle started. This is not a guarantee that the vehicle will start at the point of collection. It is also not a guarantee of the condition of the engine, gearbox or any other part. Drives : This means the vehicle engages a gear and moves either forward or backward. It does not mean the vehicle is capable of driving on the highway. RECENT COMMENTS ARCHIVES CATEGORIES No categories META Log in Entries feed Comments feed WordPress.org ARCHIVES CATEGORIES No categories RECENT COMMENTS Ellens Road, Walmer, Deal, Kent CT14 9JJ e: sales@diymotorist.co.uk p: 01304 366666 f: 01304 368740 When calling press 1 for wheels & tyres, 2 for parts and 3 for salvage vehicles. ABOUT THE DIY MOTORIST We are a vehicle recycling centre and shop. Specialising in new and used parts for all modern cars, motorbikes, small vans and tyre supply and fitting. VISIT OUR EBAY SHOP Can't find what your looking for on our website? Try our ebay store... 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