Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the website located at www.mycarselect.ie ("the Website"), operated by MyCarSelect.ie ("we", "our", "us"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

These Terms are governed by and construed in accordance with the laws of Ireland. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the Irish courts.

2. About MyCarSelect.ie

MyCarSelect.ie operates as an online platform connecting buyers with used car listings in Ireland. We act as an intermediary and advertising platform. Unless expressly stated otherwise, we are not the seller of any vehicle advertised on the Website.

3. Definitions

In these Terms, the following definitions apply:

• "Buyer" means any person accessing the Website to search for, enquire about, or purchase a used vehicle.
• "Seller" means any private individual or motor dealer listing a vehicle for sale on the Website.
• "Listing" means an advertisement for a used vehicle placed on the Website.
• "Vehicle" means any used motor vehicle advertised on the Website.
• "Transaction" means any sale and purchase of a vehicle facilitated through the Website.
• "Consumer" means a natural person acting for purposes wholly or mainly outside their trade, business, or profession, as defined under the Consumer Rights Act 2022.

4. Sale of Used Cars — Irish Legal Framework

The sale of used vehicles in Ireland is governed by a number of key pieces of legislation. Both Sellers and Buyers should be aware of their rights and obligations under:

• The Consumer Rights Act 2022 (CRA 2022): Replaces and updates provisions of the Sale of Goods Acts 1893 and 1980. Applies to contracts for the sale of goods (including used cars) between a trader and a consumer. Requires that goods are of satisfactory quality, fit for purpose, and as described.
• The Sale of Goods Act 1893 (as amended): Continues to govern private sales between individuals and certain commercial sales.
• The Consumer Protection Act 2007: Prohibits misleading commercial practices, including misrepresentation of a vehicle's condition, history, or mileage.
• The European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013: May apply to distance selling elements of transactions.
• Road Traffic Acts: Govern roadworthiness, NCT compliance, tax, and insurance obligations.

5. Seller Obligations

5.1 Accuracy of Listings

Sellers are solely responsible for the accuracy, completeness, and legality of all Listing content. By posting a Listing, the Seller warrants that:

• All information provided is accurate, truthful, and not misleading.
• The vehicle is legally owned by the Seller or the Seller has authority to sell it.
• The vehicle is free from any undisclosed finance, outstanding charges, or legal encumbrances.
• The advertised mileage is accurate to the best of the Seller's knowledge.
• Any known defects, damage, or mechanical issues are disclosed to prospective Buyers.
• The vehicle has a valid National Car Test (NCT) where required, or the Seller clearly discloses the current NCT status.
• Motor tax is accurately represented.

5.2 Trade Sellers

Motor dealers and trade Sellers must clearly identify themselves as such in their Listings. Trade Sellers are subject to additional obligations under consumer protection legislation, including implied terms of satisfactory quality, fitness for purpose, and compliance with description under the Consumer Rights Act 2022.

Trade Sellers must also comply with the Advertising Standards Authority for Ireland (ASAI) guidelines and any applicable codes of practice issued by the Society of the Irish Motor Industry (SIMI).

5.3 Finance and Encumbrances

Sellers must not list any vehicle subject to outstanding Hire Purchase (HP) or Personal Contract Plan (PCP) finance without first settling that finance and obtaining clear title, or without full disclosure to the Buyer. Under Irish law, a Buyer in good faith may acquire rights to a vehicle even if it is subject to HP finance; however, such transactions can result in legal complications for both parties.

6. Buyer Obligations and Rights

6.1 Buyer's Responsibilities

Buyers are responsible for:

• Conducting their own due diligence prior to purchase, including arranging a mechanical inspection by a qualified mechanic.
• Obtaining a vehicle history check (e.g., via Motorcheck.ie or Cartell.ie) to verify mileage, NCT history, ownership history, and finance status.
• Ensuring they are satisfied with the condition of the vehicle prior to completing any sale.
• Arranging adequate motor insurance before driving the vehicle.
• Transferring motor tax and updating vehicle registration records with the Road Safety Authority (RSA) following purchase.

6.2 Consumer Rights — Trade Sales

Where a Buyer purchases a used vehicle from a trader (motor dealer) through our platform, they are entitled to the following statutory rights under the Consumer Rights Act 2022:

• The vehicle must be of satisfactory quality, having regard to its age, mileage, price, and any description given.
• The vehicle must be fit for the purpose for which vehicles of the same type are commonly supplied.
• The vehicle must conform to any description provided in the Listing or by the Seller.
• Where a vehicle does not conform to contract within 12 months of delivery, the Buyer may be entitled to repair, replacement, a price reduction, or a refund.
• The short-term right to reject applies within 30 days of delivery for a full refund where the vehicle is faulty.

6.3 Private Sales

In a private sale (between two individuals), the Consumer Rights Act 2022 consumer protections do not apply. The sale is subject to the Sale of Goods Act 1893 as it applies to private transactions. The principle of caveat emptor largely applies, and the Buyer accepts greater responsibility for inspecting the vehicle. However, the Seller must not make fraudulent misrepresentations about the vehicle.

7. Warranties and Representations

MyCarSelect.ie does not provide any warranty, guarantee, or representation regarding:

• The accuracy or completeness of any Listing content.
• The legal title, history, or condition of any vehicle listed.
• The solvency or reliability of any Seller.
• The completion of any transaction between Buyer and Seller.

Any warranties or representations made in connection with a vehicle are the sole responsibility of the Seller. MyCarSelect.ie is not a party to any sale and purchase agreement between a Buyer and Seller.

8. NCT and Roadworthiness

The National Car Test (NCT) is a mandatory roadworthiness inspection for vehicles over four years old in Ireland, administered by the Road Safety Authority (RSA). Sellers must accurately represent the NCT status of any vehicle listed. It is a criminal offence to drive a vehicle on a public road that does not have a valid NCT disc where one is required.

MyCarSelect.ie strongly advises all Buyers to confirm the current NCT status of any vehicle via the RSA NCT online checker at www.ncts.ie prior to completing a purchase.

9. Payment and Deposits

MyCarSelect.ie does not facilitate, process, or hold any payments between Buyers and Sellers. All financial transactions are conducted directly between the parties. MyCarSelect.ie accepts no liability for any payments made or lost in connection with a transaction.

Buyers and Sellers should exercise caution regarding deposits. Any deposit paid to a Seller should be documented in writing with clear terms setting out what happens if the sale does not proceed.

10. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, software, and database compilations, is the intellectual property of MyCarSelect.ie or its licensors and is protected by Irish and international copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any Website content without our prior written consent.

By posting a Listing, Sellers grant MyCarSelect.ie a non-exclusive, royalty-free licence to display, reproduce, and distribute the Listing content on the Website and through our marketing channels for the purposes of operating the Website.

11. Limitation of Liability

To the fullest extent permitted by Irish law, MyCarSelect.ie shall not be liable for:

• Any direct, indirect, incidental, consequential, or special loss or damage arising from your use of the Website.
• Any inaccuracies in Listing information provided by Sellers.
• Any loss arising from a transaction conducted between a Buyer and Seller.
• Any loss arising from your reliance on information published on the Website.
• Any interruption, suspension, or termination of the Website.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Irish law, including under the Consumer Rights Act 2022.

12. Indemnification

You agree to indemnify and hold harmless MyCarSelect.ie, its officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including legal fees) arising from your breach of these Terms, your use of the Website, or any Listing you post.

13. Prohibited Conduct

You must not use the Website to:

• Post false, misleading, or fraudulent Listings.
• List vehicles to which you do not have legal title or authority to sell.
• Engage in any form of fraud, including odometer fraud or misrepresentation of vehicle history.
• Scrape, harvest, or extract data from the Website without our written permission.
• Upload viruses, malware, or any harmful code.
• Impersonate any person or entity or misrepresent your affiliation.
• Violate any applicable Irish or EU law or regulation.

14. Termination

We reserve the right to suspend or terminate your access to the Website at any time, without notice, if we believe you have breached these Terms or engaged in conduct harmful to other users or to MyCarSelect.ie. On termination, Listings may be removed at our discretion.

15. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

16. Amendments

We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Website with a revised "Last Updated" date. Your continued use of the Website after the posting of any changes constitutes your acceptance of the revised Terms.

17. Dispute Resolution

In the event of a dispute arising from a transaction, we encourage Buyers and Sellers to first attempt to resolve the matter directly. If a resolution cannot be reached:

• Consumers may contact the Competition and Consumer Protection Commission (CCPC) for guidance at www.ccpc.ie.
• Disputes involving motor dealers who are SIMI members may be referred to the SIMI Conciliation Service.
• Disputes may be referred to the Small Claims Court for claims under €2,000 (online disputes service available via www.courts.ie).
• In more complex cases, the parties may seek independent legal advice.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ireland. You agree to submit to the exclusive jurisdiction of the courts of Ireland for the resolution of any disputes arising under or in connection with these Terms.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

20. Entire Agreement

These Terms (together with our Privacy Policy) constitute the entire agreement between you and MyCarSelect.ie in relation to your use of the Website and supersede all prior agreements, representations, and understandings.

21. Contact Us

If you have any questions about these Terms and Conditions, please contact us at: