TERMS & CONDITIONS
These terms tell you the rules for using our website www.tommurphycarsales.com ("Our Site").
WHO WE ARE AND HOW TO CONTACT US
Our Site is operated by Tom Murphy Car Sales ("We"). We are registered in Ireland under company number 67813 and have our registered office at Cork Road, Waterford.
To contact us, please make an enquiry on Our Site via the "Contact Us" Page
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using Our Site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use Our Site.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of Our Site:
Our Privacy Policy which sets out the terms on which we process any data we collect from you, or that you provide to us. By using Our Site, 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 Site.
If you purchase services from Our Site, our terms and conditions of supply will apply to the sale of any such services.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Please check these terms to ensure you understand the terms which apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change Our Site from time to time to reflect changes to our products and services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.
You must not modify the paper or digital copies 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 separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.
You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Site in breach of these terms of use, 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.
INFORMATION ON THIS SITE
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied that the content on Our Site is accurate, complete or up-to-date.
OUR PRODUCTS
The images of the products on Our Site are for illustrative purposes only. Although we have made every effort to display the colour of vehicles accurately, we cannot guarantee that your computer's display of colours accurately reflect the colour of the vehicles. The products displayed on Our Site and their specification may vary slightly from what is available on our premises.
PRICING
Our Site contains a large number of products. It is always possible that, despite our best efforts, some of the products on Our Site may be incorrectly priced. If we discover an error in the price of the product you have made an offer for or enquired about we will make reasonable efforts to contact you to inform you of this error. We will not process your offer until we have your instructions. If we are unable to contact you using the contact details you provided during the offer process, we will treat the offer as cancelled and notify you in writing.
MAKING AN OFFER
Our Site will guide you through the steps you need to make an offer with us. Please take the time to read and check your offer form.
After you make an offer, you may receive an e-mail from us acknowledging that we have received your offer. However, please note that this does not mean that on offer has been accepted. You will be notified where any offer has been accepted by us.
RIGHTS AND OBLIGATIONS
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms of use.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
WE ARE NOT RESPONSIBLE FOR VIRUSES
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Site do not represent our views or values.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We exclude all implied conditions, warranties, representations or other terms which may apply to Our Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, Our Site; or
use of or reliance on any content displayed on Our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to Our Site in any website that is not owned by you.
Our Site 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 without notice.
If you wish to link to or make any use of content on Our Site other than that set out above, please contact info@tommurphycarsales.com
JURISDICTION
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. You and JDM Eastgate Limited agree to the exclusive jurisdiction of the courts of Ireland.
WE BUY CARS
1. PERMITTED USE OF OUR WEBSITE AND VALUATION TOOL
Our Valuation Tool has been designed to allow private individuals or businesses wishing to sell a car on their own behalf (i.e. not as part of their own commercial activities) to obtain a valuation of their car and to provide them with the opportunity to sell the car 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 cars 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.
In order to preserve and maintain the functionality of our Website and Services for everyone, there are a number of things 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.
2. 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, 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 €20 plus 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.
3. LINKS
You may link to the publicly-accessible pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or our Services, such damage being determined by us.
You must not operate a link to our Website in such a way as to suggest or imply any form of association, approval or endorsement by us.
We reserve the right to require you to immediately remove any link to our Website at any time and we may withdraw any linking permission at any time.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources.
4. 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.
You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal use.
You must not modify the paper or digital copies 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 separately from any accompanying text.
5. VALUATION TOOL AND CAR PURCHASE
Any valuation generated by the Valuation Tool (an "Online Valuation") is based on the information you tell us about your car (the "Car") and on the following general assumptions we make about your Car (the "Assumptions"):
it has over 6 months NCT, if less it will affect the value;
it is a right-hand drive vehicle with Southern Irish registration plates;
it has not ever been subject to an insurance write off, has been stolen/recovered or used for private hire, rental, driving tuition or as a police vehicle;
there are no major mechanical faults with the car;
the car has not had undeclared accident damage and all electrical in car entertainment features are working;
the exterior and interior condition of the vehicle are commensurate with age and mileage of the vehicle;
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 car, a reduction of €200 will be made to the price if only one key is supplied;
you can supply the Vehicle Registration Cert for the vehicle, no payment will be made until this has been provided;
you are the current registered owner of the vehicle and the vehicle is your absolute property;
The vehicle is not subject to any liability due to VRT or VAT obligation under the disabled driver or transfer of residency scheme;
the vehicle is not subject to any lease, HP agreement or other encumbrance;
You have the option at the Online Valuation presentation page to amend any of the Assumptions and provide us with some further detail about your Car.
An Online Valuation is not an offer by us to purchase the Car. It is simply a tool to enable you to estimate the value of your car and the price which we may be willing to pay for it.
We always carry out a physical inspection of the Car before we agree to buy it. After you have received an Online Valuation, you may book an appointment for an inspection at one of our branches (an "Appointment").
If, on inspection of the Car at the Appointment, we consider that the value of the Car 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 Car, 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 Car brought to an Appointment (in particular we reserve the right to turn you away from an Appointment if you are selling the Car for commercial purposes, e.g. in the course of a motor trade business) and neither are you obliged to sell any car brought to an Appointment.
Price Guarantee
Subject to our inspection of the Car (as explained further above), the Online Valuation is guaranteed for five days from the date on which we send it to you.
If there is a significant price change within the 5 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").
Hand-over Requirements
At the time of making the Contract, we will expect you to provide us with:
all copies of the Car's keys you have;
the Car's registration document (together with appropriate proof of purchase if requested by us);
the Car's service history (if any);
the Car's NCT certificate (if any);
the Car's user manuals (if any); and
any accessories there may be such as a locking wheel nut, radio fascia or remote controls.
We will also expect you to remove any personal possessions from the Car once the Contract has been concluded. We will not be responsible for any personal items lost once the Car 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 Car 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 Car. If we elect to rescind the Contract, we will return the Car to you, and you will refund the Price to us.
Our guarantee:
We guarantee we are willing to buy every car 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 via Electronic Bank Transfer which may take up to four working days after the day on which you sell the Car to us to arrive into your bank account.
6. PRIVACY AND TERMS
Data Protection Statement
This statement describes how we use your personal information when you look for information from us about our services we provide, book a test drive, seek quotations or details about particular vehicles. You have a number of rights in relation to your information including the right to object to processing of your personal information where that processing is carried out for our legitimate interests and where that processing is carried out for direct marketing purposes.
Who we are and how to contact us
The purpose and legal basis for processing your information
Your Information and Third Parties
Storage Periods
Transfers outside of the European Economic Area
Your Rights
Marketing from the Dealer
Tom Murphy Car Sales (referred to in this statement as “we”) will be the company responsible for handling your personal information (known as a "controller" under data protection law).
If you have any questions about this data protection statement, including any request to exercise your legal rights, please contact us using the details set out below;
We collect your personal information in order to provide you with information about our services we provide, to book a test drive for you, to obtain a quotation on the cost of a vehicle, finance, lease or insurance or details about particular vehicles and to contact you about that information, product, service or quotation, which you have requested and to help us assess the most suitable vehicle for you.
In order to process your personal information for this purpose, the processing is necessary to take steps prior to entering into a potential contract with you for the sale to you and/or purchase from you of a vehicle.
Where you do not provide us with some information which we may request we may not be able to provide you with a quote. For example, if we do not know the amount of finance outstanding on your existing vehicle, we may not be able to provide you with a quote, when you want to use this vehicle’s trade in value against a new vehicle. We will advise you if this is the case.
We may use your personal information for direct marketing purposes to make you aware of products and services which may interest you, with your consent. We may communicate with you by phone, post, email, text or through other digital media. You can opt out of receiving marketing communications at any time.
We may also use your personal information to contact you for the purposes of customer satisfaction surveys. We do this in our legitimate interest to ensure we are looking after the needs of our potential customers.
We may also use your personal information to manage our everyday business needs, including accounting, sharing your information within our company group for administrative purposes, security and to prevent fraud. Where we do so we rely on our legitimate interest in the effective management of our business.
Third Party Service Providers: We may share your personal information with third party service provides that perform services and functions on our behalf such as our accountants and other business advisors, IT service providers, printers, marketing companies who carry out marketing campaigns on our behalf, and providers of security and administration services.
Finance companies, leasing companies, insurance companies and other third party providers Where you have asked for a quote to include the cost of financing, leasing or any other third party product such as insurance, we may pass your personal information to that third party in order to obtain a quotation on your behalf.
Where you choose not to purchase a vehicle or other service from us and/or sell us a vehicle and do not consent to the receipt of direct marketing with us we may retain your information for 3 months from the date of providing you with the quote, test drive or details you were looking for. We may, however, keep your information for any longer period if we are required to do so by law. Where you consent to the receipt of direct marketing we will retain your information for as long as is necessary for that purpose and for any period required by law.
We may transfer your personal data outside of the European Economic Area (“EEA”). These countries do not always afford an equivalent level of privacy protection and in such circumstances we will take specific steps, in accordance with data protection law, to protect your personal information. In particular, for transfers of personal data, outside the EEA where there is no adequacy decision by the European Commission we may rely on contractual protections approved by the European Commission.
You have a number of rights under data protection law in relation to how we use your personal information. You have the right, free of charge, to:
check what type of personal data we hold about you and what we do with that information (you are also entitled to receive a copy of this information);
have any inaccurate personal data which we hold about you updated or corrected;
erase personal information we hold about you;
stop us from using your personal information in certain cases, including if you believe that the personal information we hold about you is inaccurate or our use of your information is unlawful. If you exercise this right, we will store your personal information and will not carry out any other processing until the issue is resolved;
object to us using your personal information where we rely on our legitimate interests to use your information. We will stop using your personal information unless we can demonstrate an overriding legitimate grounds for the continued processing of this information;
Object to us using your information for direct marketing purposes at any time; and
receive certain aspects of your personal information in a structured, commonly used and machine readable format and to have that information transferred to you or another data controller.
Where processing is based on consent, you can withdraw your consent at any stage.
These rights are in some circumstances limited by data protection legislation. If you wish to exercise any of these rights please contact us using the contact details contained in this form. We will endeavour to respond to your request within one month. If we are unable to deal with your request within one month we may extend this period by a further two months and we will explain why.
You also have the right to lodge a complaint to the office of the Data Protection Commission. Please visit www.dataprotection.ie for more information.
If you wish to hear from us about special offers and promotions by way of post, email, phone, text or digital media please tick here:
You can withdraw the above consents and opt out of the receipt of direct marketing at any time, free of charge by contacting us at the contact details set out above.
Please also refer to our privacy policy on www.tommurphycarsales.com/privacy-policy