Terms and Conditions

TERMS AND CONDITIONS OF WEBSITE USE

This page (together with the documents referred to on it) (together the “Terms and Conditions”) tell you the terms of use on which you may make use of our website www.astonbarclay.net (“our site”), whether as a guest or a registered user.

Please read these Terms and Conditions carefully before you start to use our site.

By using our site, you accept these Terms and Conditions and you agree to abide by them. If you do not agree to these Terms and Conditions please refrain from using our site.

These terms govern:

• your use of our site;
• your rights to link to our site;
• our use of cookies on this website (please see separate Cookies Policy); and
• how we will use and protect information about you (please see our separate Privacy Policy).

We may change these Terms and Conditions from time to time. The revised Terms and Conditions will be made available on our site.

For the avoidance of doubt, these Terms and Conditions do not affect your statutory rights.

If you sell or buy a vehicle through our auctions, our Online Auction User Terms and Conditions and our General Conditions of Auction will apply to that transaction.

1. Information about us

www.astonbarclay.net is a site owned and operated by Aston Barclay Limited ("we/us").  We are registered in England and Wales under company number 01644813 and have our registered office at Form 2, 18 Bartley Wood Business Park, Bartley Way, Hook, Hampshire, RG27 9XA.  Our registered VAT number is 802 2586 52.

The website thecarbuyinggroup.co.uk are not operated by Aston Barclay Limited and has separate terms and conditions available on that website.

2. Accessing our site

2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend the service we provide on our site without notice, including any images, content or other information that we publish (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

2.3 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

2.4 You warrant that all information you provide when registering to use our site (or when updating your registration details) is true and complete and you shall indemnify us against all liabilities, losses, claims, fees and expenses that may arise out of or in connection with any breach of these Terms and Conditions, whether made by you or any third party logging into our site using your log in details (which in itself would be a breach of these Terms and Conditions).

2.5 You are responsible for making all arrangements necessary for you to have access to our site.   You will be liable for all transactions and use of the site carried out under your username and password, therefore it is in your interests to keep your log-in information safe.

3. Using our site and prohibited uses

3.1 Subject to these Terms and Conditions, you are authorised to view and use our site for your personal use and (only to the extent you use our site to complete a transaction  as set out in section 9 below) business use. Our site is not free to copy or re-use. You may not copy significant parts of, extract, “scrape”, trawl, data-mine, reverse engineer, mirror, adapt, re-publish, re-use of use commercially any images, content or other information that we publish on any part of our site.

3.2 You may use our site only for lawful purposes. You may not use our site:

3.2.1 in any way that breaches any applicable local, national or international law or regulation or breaches any third party’s rights;

3.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.2.3 in any way that is objectionable or contrary to our policies;

3.2.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

3.2.5 in any way that is harmful including to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

3.2.6 to create hypertext links, frames, embedding or any other links between our site and your site or app without our permission; or

3.2.7 to create, check, confirm, update, modify or amend your own or another person’s databases, records or directories.

3.3 You also agree:

3.3.1 not to reproduce, duplicate, copy or resell any part of our site in contravention of the provision of these Terms and Conditions;

3.3.2 not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party; and

3.3.3 not to use automated software programs or robots to do any of the activities listed in this section 3.  

4. Intellectual property rights

4.1 We are the owner or the licensee of all intellectual property rights (whether or not registered) in our site (including copyright) and in the material published on it (including trade marks, symbols and slogans, text, data, databases, still or moving images, audio-visual content, graphics or layout).  Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

4.3 You must not:

4.3.1 modify the paper or digital copy of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics in that paper or digital copy separately from any accompanying text; or

4.3.2 electronically modify, distribute or re-post something on our site.

4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

4.5 You must not use any part of the materials on our site for commercial purposes without the permission of Aston Barclay Limited.

4.6 Any use of our site or its contents (including copying, adapting, publishing, storing or re-using it) other than as explicitly permitted by these Terms and Conditions is prohibited without the permission of Aston Barclay Limited. If you breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Reliance on information posted

5.1 Whilst we have taken every care in the preparation of the content of our site, we do not provide advice. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  Where we post information, market insight or reviews on our site we do so for research and general interest purposes only. These materials should not be relied upon to make specific decisions. 

5.2 To the extent permitted by applicable law:

5.2.1 we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on our site; and

5.2.2 we shall not be liable for, and take no responsibility for, any reliance placed on the materials in our site, or by anyone who may be informed of any of its contents.

5.3 The images on our site are high resolution images, We make every effort to display a vehicle accurately however we cannot guarantee that the pictures of the vehicle on our site show every part of a vehicle or the colour of the vehicle. We are not responsible if the images of a vehicle do not display correctly on the device on which you view them.

5.4 Where you purchase a vehicle from us in the course of a business you acknowledge and confirm we have no liability or obligation whatsoever to you in respect of any representation or statement made by us on our site about the specification, colour or condition (together "details") of the vehicles listed there. All such details are provided for information purposes only. All vehicles are available for inspection prior to the commencement of the auction and you should satisfy yourself as to the details of the relevant vehicle prior to placing any bids, whether through our online system or otherwise.

5.5 If you purchase a vehicle from us as a consumer, we are under a legal duty to supply cars in conformity with our Online Auction User Terms And Conditions and our General Conditions of Auction and your legal rights in relation to faulty goods. If you are not satisfied with the actual appearance of your vehicle you can exercise your consumer rights to return the vehicle to us.  If you would like more information on your rights you should contact your local Citizens Advice Bureau.

6. Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely. We may also impose limits on certain features or services without notice or liability.

7. Our liability

7.1 When you are buying or selling a vehicle shown on our site, please see our Online Auction User Terms and Conditions and our General Conditions of Auction for information in relation to our liability to you in respect of that transaction. For all uses of our site except when buying or selling a vehicle, the following paragraphs of this section 7 apply.  

7.2 We make no warranties. We will use reasonable care and skill in providing the site, but our site and the material displayed on our site is provided without any other representation, endorsement, guarantees, conditions or warranties of any kind. Our site is provided on an “as is” and “as available basis”. We do not represent or warranty that our site will be error-free, free of viruses or other harmful components or that defects will be corrected – you must take your own precautions in this respect.   

7.3 To the maximum extent the law permits, all conditions, warranties and other terms which might otherwise be implied by law, course or dealing, usage, trade or custom, are excluded (including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness).  

7.4 We limit our legal liability. To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.4.1 all liability whether for breach of contract, non-contractual liability or other cause of action, for any matter arising out of or in connection with your use of, or inability to use, our site;

7.4.2 all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, or in connection with the use, inability to use, or results from the use of, our site, any websites linked to it, and any materials posted on it, including (without limitation) any liability for:

(a) any economic losses (such as loss of income, revenue, business, profits or contracts, anticipated savings);
(b) loss of data or damage to any device or digital content;
(c) loss of goodwill or reputation;
(d) wasted management or office time; and

(e) any indirect, special, incidental or consequential losses or damage (even if advised of the possibility of such damages);

7.4.3 any liability for failure to maintain our site;

7.4.4 any loss of damage arising from an event outside of our control; and

7.4.5any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

7.5 Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. In addition, nothing in these terms shall affect your statutory rights.

8. Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy and Cookie Policy.  

9. Transactions concluded through our site

All bids you place through our site and all transactions you conclude for the purchase of vehicles through the use of our site are governed by our Online Auction User Terms And Conditions and our General Conditions of Auction.

10. Viruses, hacking and other offences

10.1 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

10.2 By breaching paragraph 10.1, you could commit a criminal offence in law such as under the Computer Misuse Act 1990 (as amended). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11. Linking to our site

11.1 You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 You must not establish a link from any website that is not owned by you.

11.3 Our site (whether in whole or part) must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission at any time without notice. The website from which you are linking to our home page must comply in all respects with the following 'content standards':

11.3.1 Contributions on that linking website must:

(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the UK and in any country from which they are posted.

11.3.2 Contributions on that linking website must not:

(a) contain material which is defamatory of any person;
(b) contain any adult or illegal material or any material which is obscene, offensive, hateful, inflammatory, harassing or otherwise objectionable;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trademark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from us, if this is not the case; or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

11.4 You must not remove or obscure, by framing or otherwise, advertisements, any copyright notice or any other information published on the website.

12. Links from our site

12.1 Where our site (or the materials on it) contain(s) links to other websites and resources provided by third parties, these links are provided for your information only.

12.2 We have no control over the contents of third-party websites or resources and accept no responsibility for the content, accuracy or opinions expressed in such websites.  Links from our site do not imply that we are, or our site is, affiliated to or associated with the third-party website, nor does our inclusion of any link in our communications with you imply endorsement by us of the linked site.

12.3 If you decide to visit any third-party website you do so at your own risk. To the extent permitted by applicable law, we are not responsible or liable for any loss or damage that may arise from your use of third-party websites linked from our site.

12.4 Please remember that when you use a link to go from our site to another website, these Terms and Conditions, including our privacy policy and cookie policy, are no longer in effect. Your browsing and interaction on any other website, including websites which have a link to our site, is subject to those websites own rules and policies, including in relation to privacy. Please read those rules and policies before proceeding.  

13. Jurisdiction and applicable law

13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or any matter or dispute in connection with these Terms and Conditions (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country).

13.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13.3 You are responsible for compliance with applicable local laws relating to the use of, or otherwise connected with, our site. To the extent that our site or any activity contemplated by it would infringe the law of a jurisdiction other than England, then you are prohibited from accessing or using our site or attempting to carry on such offending activity and this provision shall override all other provisions of these Terms and Conditions.

15. Variations

15.1 We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you from the date posted.

15.2 Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site. We will ensure this is made clear to you where it applies.  

16. Your concerns

If you have any concerns about material which appears on our site (for example if you find any content on our site which you consider to be offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way), please contact webmaster@astonbarclay.net. On receipt of your complaint we may remove or block access to the content complained of.

Thank you for visiting our site.

Last updated: [07^th May 2025]