Terms & Conditions

Definitions and Interpretation

The following terms have the following definitions under these Conditions:

1. This agreement applies to and between you, the User of this website and The Wobblebox (a company registered in England and Wales with company number 14488385 and registered office at 34-38 North Street Bridgwater Somerset, TA6 3YD). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website operated by The Wobblebox or thewobblebox.co.uk (“us”, “we”, or “our”).

In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our website, “we”, “company”, “us” and “our” refer to www.thewobblebox.co.uk or The Wobblebox and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Customers and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Unauthorised Access

It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any 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.

3. Fees

The Fee paid by the Dealer to The Wobblebox is based on the winning Bid price. We will charge all fees as follows:

• As soon as there is a notification that the Dealer has obtained a Vehicle from a Seller,
• 14 (fourteen) days following the day the Seller accepts a winning Bid.
• The Dealer is required to pay any invoices submitted by The Wobblebox within 7 (seven) days of receipt.
• Value-added tax and other applicable sales taxes are not included in the amounts due and must be paid in addition.
• The Wobblebox at its discretion may charge £5 per attempt to recover the amount payable if the Dealer fails at any time to pay any sum on the due date for payment. Should the Dealer continue to fail to make payment after being notified, The Wobblebox may hand the collection over to a third-party agency (whether before or after judgement).
• The Dealer acknowledges that the Fee shall remain due and payable based on the winning Bid made by the Dealer in accordance with the Fee Structure agreed with the Seller. The Dealer may withdraw its winning Bid or offer a Purchase Price that is lower than the winning Bid. Notwithstanding the foregoing, the Seller agrees to inform The Wobblebox of such withdrawal of bid or offer lower than the winning bid.
• The Dealer shall maintain separate accounts and records in relation to its obligations under this Condition 6 for the duration of these Conditions and 3 years after. This will be sufficient to allow The Wobblebox to verify the accuracy of the data in the statements submitted in accordance with Condition 6.1. During the course of these Conditions and for three years following, The Wobblebox and/or its authorised nominee shall have the right to inspect and audit such books and records upon five working days’ notice during regular business hours and to take copies of or extracts from such books and records. Any such inspection or audit will always get the full cooperation of the Dealer.

The Dealer must make sure that any money owed to The Wobblebox is paid within seven days of being notified if an examination performed in accordance with Condition 6.7 reveals that any money is owed. The Dealer is required to reimburse The Wobblebox for the reasonable costs of any such inspection or audit when the failure of the Dealer to provide a statement necessitates it or if the shortfall owed to The Wobblebox exceeds 2% of the money due for the month in question.

4. Appointments

As a part of the purchase, we may occasionally give Dealers the Seller’s Vehicle Data. We may require more information from the seller should Dealers require such information to make purchases.

The Dealer must inform us whether it intends to submit a bid for the motorhome, camper, or caravan. The Dealer understands and accepts that by placing a bid, the bidding Dealer is submitting an offer to buy the vehicle for the bid that can be accepted. A legally binding agreement is formed if the Seller accepts the Bid, at which point the Dealer will purchase the Vehicle from the Seller and the Bid will serve as the Purchase Price owed to the Seller.

Each party recognises and accepts that it does not have the authority and shall not represent itself or allow anyone else to represent itself as having the authority to bind the other party in any way.

5. Purchase of the Vehicle

In the event that a seller accepts the bid, we will get in touch with the Dealer. It is the responsibility of the Dealer to get in touch with the seller to set up a collection date within one (1) working day of receiving that contact. If the Dealer chooses to employ a written vehicle sales contract, they must also give the seller a copy of that contract.

When picking up the vehicle, the Dealer will only be permitted to withdraw its winning bid if:

• the Seller declines to sell the Vehicle.
• if the vehicle has any unreported Outstanding Finance; and/or
• If the Seller refuses to agree to a Purchase Price that is different from the winning Bid, which is fairly calculated to account for the undisclosed damage and/or faults. The Dealer may be able to show that the Seller Vehicle Data is inaccurate or incomplete, including if the Vehicle has undisclosed damage and/or faults.

The Dealer acknowledges that the vehicle will only be sold based on the seller’s vehicle data and following the Dealer’s examination. The Dealer recognises and accepts that it is responsible for inspections both before and after the vehicle is picked up. In the event that the Dealer uses a third party to inspect the vehicle, the Dealer warrants to trust the judgement of such third party sent to pick up the vehicle.

Within one (1) working day of collection, the Dealer must inform The Wobblebox that it has taken possession of the vehicle. The Dealer promises and agrees to always act properly and in good faith in its interactions with The Wobblebox and Sellers.

Any Outstanding Finance will be deducted from the Purchase Price paid by the Dealer if the Seller’s Vehicle Data indicates that there is Outstanding Finance. If requested, the Dealer will provide evidence to The Wobblebox and/or the Seller that all outstanding finance has been paid.

6. Vehicle Sales Contract

If the Dealer employs a vehicle sales contract, the Dealer guarantees that it will:

• not allow the Vehicle Sales Contract to be cancelled or terminated without justification by either the Seller or the Dealer unless prohibited by applicable laws; and
• obey all relevant legal requirements, such as consumer protection and data privacy legislation.
• not name The Wobblebox as a party to the vehicle sales contract and/or leave out any guarantees, guarantees, or conditions that The Wobblebox is said to have made.
• All payments required by the vehicle sales contract must be made by the Dealer.
• The Dealer must give The Wobblebox a copy of its vehicle sales contracts upon request from The Wobblebox.

7. Confidential Information

During The Wobble Box’s performance of services to you, we may receive, have access to and create documents, records and information of a confidential and proprietary nature to you. We acknowledge and agree that such information is confidential to you and must be kept strictly confidential and used only in the performance of our duties under this Agreement. We agree that it will not use, disclose or divulge, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees, contractors, Dealers, Sellers or affiliates of The Wobble Box who have agreed not to divulge such information to third-parties.

We may use an external host who may require some information which may include information you provide to us. By agreeing to this agreement, you hereby consent to the transfer of some of the confidential information provided to us by you herein this agreement to our external host who assist in running our website and/or ensure we provide our services to you.

8. Data Protection

We undertake to preserve the confidentiality of all information you provide to us. Our policy complies with the Data Protection Act 2018 (Act) incorporating the EU General Data Protection Regulation (GDPR) and the EU Directive 2016/880. We may disclose potentially personally-identifying and personally-identifying information to its employees, partners, affiliated organisations and required third party links that (i) need to know that information to process it on our behalf or to provide services available on our website, and (ii) that have agreed not to disclose it to others. Some of those employees, partners and affiliated organisations may be located outside of your country; by using our website, you consent to the transfer of such information to them. We will not rent or sell potentially personally identifying and personally identifying information to anyone. Other than to our employees, partners, affiliated organisations and third-party links as described above, we may also disclose potentially personally identifying and personally identifying information only in response to a subpoena, court order or other governmental requests, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of The Wobblebox third parties or the public at large.

9. Warranties

Each party guarantees, represents, and agrees to the following:

• It is fully capable of fulfilling all of its duties under these Conditions, and it has the right, power, and authority to do so.
• Any other agreement it has entered into is not violated by the fulfilment of these Conditions.
• No warranty or assurance is given by The Wobblebox regarding the Seller’s compliance with the terms of a vehicle sales contract. In light of this, The Wobblebox disclaims all responsibility for any charges, claims, losses, expenditures, or damages that the Dealer may sustain as a result of any act or omission on the part of a Seller.
• Regarding any of the Seller Vehicle Data or any Vehicle, The Wobblebox provides no guarantees, affirmations, endorsements, or recommendations. When inspecting the vehicle and before buying it from the seller, the Dealer agrees to confirm that the vehicle complies with the seller’s vehicle data. Thus, the Dealer understands and accepts that The Wobblebox is not responsible for any costs, claims, losses, expenditures, liabilities, or damages incurred by the Dealer or any other party as a result of the seller vehicle data and/or the actual vehicle.
• Regarding transportation by a transportation company, The Wobblebox offers no representations, warranties, endorsements, or recommendations. The Dealer commits to conducting all necessary research to determine if the Transport Company is qualified to handle the delivery of the goods and whether the delivery of the goods meets the requirements of the Dealer. As a result, the Dealer acknowledges and agrees that The Wobblebox is not responsible for any costs, claims, losses, expenses, liabilities, or damages incurred by the Dealer or any third parties as a result of any action or inaction on the part of the Transport Company, including any loss or damage to the Vehicle that results from the Transport Services or otherwise.

10. Indemnification

You agree to irrevocable release, indemnify, hold harmless and defend The Wobblebox, our agents, representatives, consultants, affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss, damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise arising out of your negligence or omission while using our service and website.

11. Our responsibilities/Warranties

Your safety when using our website is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.

We will do our best to maintain the operation of the website for the Service, however, we may need to temporarily suspend the website for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (earthquake, typhoon, flood, fire, acts of God, and war or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed. If for whatever reason we are unable to provide services herein this agreement due to or negligence or omission, we shall duly refund any money already paid.

This website may contain links to some websites. Unless expressly stated, these websites are not under the control of The Wobblebox or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.

12. Limitation of Liability

To the maximum extent permitted by law, The Wobblebox accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website esulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

If we fail to comply with these terms and/or any of our services as promised to you, we are responsible for any reasonable loss or damage you suffer that is a foreseeable result of us breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

• any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from The Wobblebox or its licensees.
• economic loss, such as a reduction in earnings, profits, contracts, sales, or savings
• the Fee for the Vehicle that is the subject of the claim that was paid by the Dealer; or
• The Fee paid by the Dealer in the 6 (six) months prior to the date of the claim, if the claim is unrelated to a vehicle.

13. Termination

Either party may provide the other party written notice terminating the Conditions immediately on written notice, without affecting any other rights or remedies that may be available to it.

When these Conditions expire:

• Any successful Bid submitted by the Dealer that is accepted by a Seller before or on the termination date will still be subject to the Fee; and
• All unpaid balances owed to The Wobblebox will be paid in full right away.
• For the avoidance of doubt, the termination of these Conditions shall not affect the rights or remedies of either party accrued prior to the date of termination. Any conditions that reasonably ought to survive these agreements shall do so even after the termination of the agreement between the parties.

14. Modification of Service and these Terms and Conditions

The Wobblebox reserves the right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.  If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.

15. Information about cookies

We may use cookies on this website to provide you with better user experience. We do this by placing a small text file on your device/computer hard drive to track how you use the website, to record or log whether you have seen messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, refer you to a third-party website. Some cookies are required to enjoy and use the full functionality of this website. We use a cookie control system which allows you to accept the use of cookies and control which cookies are saved to your device/computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options. The Wobblebox uses cookies to help us identify and track visitors, their usage of our website and their website access preferences. Visitors of the website who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features may not function properly without the aid of cookies. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to our use of cookies.

Please note that third parties (including, for example, advertising networks or Payment Platforms) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies. Please refer to the cookies policy of such third party for more information.

16. Intellectual Property

Subject to other terms in these Terms and Conditions, all Content included on this website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of The Wobblebox and our affiliates or other relevant third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.

Service(s) rendered under this website shall be considered as work for hire. Thus, it is expressly agreed that The Wobblebox is acting as an independent contractor and not as an employee. The agreement between you and The Wobblebox does not create a partnership or joint venture or a franchise and is exclusively a contract for service.

17. Use of the Website

When using the and our service, you shall act in accordance with the following rules:

1. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
2. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
3. You must be polite to our staffs, you shall not use any swear word or make any racist, offensive, sexist, threating words towards them;
4. You must not use our website for illegal activities;
5. You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without our prior written consent;
6. Any attempts to publish or send malicious content with the intent to compromise this site or other user’s computer environment is strictly prohibited.

18. General
    • All past agreements and representations, standard conditions, and other implied conditions, whether written or oral, with respect to the subject matter of these Conditions are superseded by these Conditions, which comprise the full agreement of the parties with respect to its subject matter. If the change to these Conditions is, in The Wobblebox’s reasonable opinion, a material change, The Wobblebox shall give written notice to the Dealer at the email address provided to The Wobblebox. The Wobblebox may alter these Conditions at any time.
    • The Dealer may not, by force of law or otherwise, assign or transfer all or any portion of its rights or responsibilities under these Conditions to any third person without The Wobblebox’s prior written agreement. Any attempted delegation or assignment that does not adhere to this Condition 13.2 shall be null and void.

Any failure to enforce a condition of these Terms shall not be deemed a waiver of that condition or of any other condition.

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by a qualified arbitrator in England or Wales.

This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non‐contractual disputes or claims) shall be governed by and construed in accordance with the laws in England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh Courts.