1.1. (These Terms) These Terms of Use (Terms), in addition to carsales standard terms and conditions available online at https://www.carsales.com.au/info/terms-conditions, govern your use of the carsales SELECT offering (carsales SELECT) operated by carsales.com.au Pty Ltd ABN 97 670 975 943 (carsales, we, us or our) on carsales’ network of websites (carsales Network). To the extent of any inconsistency between these Terms and carsales’ standard terms and conditions, these Terms will take priority.
1.2. (Acceptance of Terms) By accessing or using carsales SELECT via the carsales Network, you agree to be bound by these Terms (and the other terms and conditions and policies referred to in these Terms).
1.3. (Experiencing issues) If you experience any issues accessing carsales SELECT or have any questions, please contact our Customer Service Team.
2.1. (carsales SELECT cars) Where a car is listed for sale on the carsales Network through carsales SELECT (SELECT car) via a participating third party dealership (Participating Dealer), you can elect to reserve that SELECT car for a period of 2 Business Days (Reservation Period) by paying the reservation fee nominated by carsales in the relevant carsales SELECT listing (Reservation Fee) to carsales. Business Days refers to Mondays to Saturdays, other than public holidays at the Participating Dealer’s location. Where a SELECT car is reserved prior to 12:00PM on a Business Day (as at the Participating Dealer’s location), that day is counted towards the 2 Business Days period. Where a SELECT car is reserved after 12:00PM on a Business Day, the 2 Business Day period commences from the next Business Day.
2.2. (Processing Reservation Fee) carsales will process payment of the Reservation Fee via our third party payment platform provider (Payments Provider). By using carsales SELECT, you agree to be bound by all third party terms set out at https://www.carsales.com.au/info/terms-conditions.
2.3. (Confirmation of Reservation) Following receipt of the Reservation Fee, carsales will:
(a) confirm the reservation of the SELECT car by sending you an email confirmation. You will also be able to view the details of your reservation in your carsales account;
(b) remove the Reserved Car from the carsales Network for the Reservation Period (subject to clause 2.4 below); and
(c) notify the Participating Dealer of your reservation of the SELECT car and provide the Participating Dealer with your contact details.
2.4. (Reservation Period) carsales will use all reasonable endeavours to ensure that the Participating Dealer reserves the SELECT car for you for the duration of the Reservation Period. However, , in the event that the Participating Dealer sells the SELECT car during the Reservation Period to a third party, or the SELECT car is otherwise unavailable to be purchased by you, we will provide you with a full refund of the Reservation Fee. Subject to clause 5.1, the refund will constitute carsales’ sole liability to you for the unavailability of the SELECT car.
2.5. (Cancellation or expiry of reservation) At any time and for any reason during the Reservation Period, you may cancel your reservation by contacting carsales via your carsales account or using the contact details set out in clause 1.3 above, or by notifying the Participating Dealer (in which case, the Participating Dealer will notify carsales of the cancellation). You may also allow the Reservation Period to expire without making further arrangements with the Participating Dealer in relation to the SELECT car.
2.6. (Refund) Where the Reservation Period is cancelled or expires, you will be entitled to a full refund of the Reservation Fee. To receive your refund, you must contact carsales’ Customer Service team using the contact details set out in clause 1.3 above, and carsales will process the refund in accordance with clause 4.8 of these Terms.
2.7. (No obligation) Payment of the Reservation Fee does not oblige you to purchase the SELECT car.
2.8. (Arrangements with Participating Dealer) The Participating Dealer will contact you using the contact details that you have provided to carsales and that carsales will disclose to the Participating Dealer, to make arrangements in relation to the SELECT car, including:
(a) to offer you the opportunity to test drive and/or inspect the SELECT car;
(b) to discuss payment options (such as trade-in options); and
(c) to pick-up or arrange delivery of the SELECT car following payment of the Purchase Price (as defined in clause 3.1 below) to the Participating Dealer.
2.9. (Disclosure of Personal Information to Participating Dealer) The Participating Dealer will handle any Personal Information (as defined in the Privacy Act 1988 (Cth)) that it receives from carsales in relation to carsales SELECT in accordance with the Participating Dealer’s privacy policy.
3.1. (Purchasing the SELECT car) If you wish to purchase the SELECT car, you are responsible for entering into a sale agreement with the Participating Dealer and for paying the final price for the purchase of the SELECT car (Purchase Price) and, as applicable, agreeing to a trade-in arrangement with the Participating Dealer in relation to a vehicle that you own, the value of which (Trade-In Value) will be reduced from the Purchase Price. Whether the Purchase will includes payment of any government and statutory charges such as stamp duty will be determined based on the state that you live in and whether the vehicle is registered or unregistered, and will be agreed between you and the Participating Dealer at the time of purchase.
3.2. (Pre-negotiated price) carsales will use its best endeavours to ensure that the Participating Dealer offers the SELECT car for sale to you for the pre-negotiated price stated on the carsales SELECT listing (plus any applicable taxes if the price is displayed as an excluding government charges price) (Pre-Negotiated Price), provided that you enter into an agreement to purchase the SELECT car without having sought a refund of the Reservation Fee in accordance with clause 2.6. If the Purchase Price is more than the Pre-Negotiated Price and you agree to purchase the SELECT car, please notify carsales as soon as possible. The Pre-Negotiated Price does not include any additional products, services or accessories which you separately agree to purchase from the Participating Dealer.
3.3. (Title of SELECT car) Ownership of and title to the SELECT car will pass to you upon receipt of the Purchase Price by the Participating Dealer, subject to the terms of the sale agreement between you and the Participating Dealer.
3.4. (No warranty in relation to SELECT car listing) carsales does not warrant that the information disclosed to you by the Participating Dealer via carsales SELECT is accurate or complete. Without limiting the foregoing, you acknowledge and agree that:
(a) carsales has not verified the accuracy or completeness of any vehicle inspection report provided by the Participating Dealer or any other third party;
(b) vehicle inspection reports are issued subject to the terms and conditions specified within such reports;
(c) inspection reports issued by RedBook Inspect Pty Ltd are issued subject to the RedBook Inspect Terms of Service; and
(d) the Participating Dealership is solely responsible for providing images of imperfections. You should physically inspect the vehicle prior to purchase to verify the SELECT Car’s condition and assess the accuracy and completeness of any imperfection photos.
It is your responsibility to undertake appropriate due diligence prior to entering into an agreement with the Participating Dealer for the purchase of the SELECT car.
3.5. (Multiple reservations) You agree that you will not reserve, or seek to reserve, multiple carsales SELECT vehicles at the same time.
3.6. (Benefits of carsales SELECT program) You acknowledge and agree that, in order to receive the benefits of the carsales SELECT program, you must reserve the SELECT car via carsales as set out in clause 2 above. carsales SELECT vehicle benefits are not available if you reserve or purchase the vehicle via other means (e.g. directly with a dealership).
3.7. (Vehicle trade-in) During the course of reserving a SELECT car, you may be provided with an option to receive an estimated trade-in price range for your current vehicle. Any such estimate is indicative only and generated by carsales based on internal carsales data together with data provided by third party suppliers such as Automotive Data Services Pty Limited (trading as RedBook). The Participating Dealer is not obliged to accept your current vehicle as a trade-in and may offer you a trade-in price that falls outside the indicative estimated trade-in price range. carsales does not provide any guarantees or make any representations regarding the use of, or reliance on, any pricing estimates provided, and you should make your own independent assessment of the value of your trade-in vehicle.
4.1. (7-day return for any reason) If for any reason you are not satisfied with the SELECT car, you may return the SELECT car to the Participating Dealer within 7 days of the date of your collection of the vehicle from the Participating Dealer and, subject to this clause 4, you will be entitled to a full refund of the Purchase Price, the Reservation Fee and any Taxes (as defined below).
4.2. (Conditions of refund) To receive a full refund under this clause 4, you acknowledge and agree that you must comply with the following conditions (collectively, the Return Conditions):
(a) you must physically return the SELECT car to the Participating Dealer that you purchased the SELECT car from within 7 days of the date of physical collection of the SELECT car from the Participating Dealer;
(b) the SELECT car must be in the same condition as stated in the Certified Inspection Report, or as otherwise agreed between you and the Participating Dealer in writing at the time of purchase of the SELECT car, without any damage or disrepair;
(c) you must not have travelled more than 500 kilometres in the SELECT car; and
(d) you must not have sold or otherwise encumbered the SELECT car in any way.
If you have not complied with any or all of the Return Conditions, to the extent permitted by law, you will not be eligible to return the SELECT car to the Participating Dealer and you will not be entitled to a refund under these Terms.
4.3. (Fines and penalties) You will be responsible and liable for all parking fines, speeding fines, infringements and other penalties, fees and costs of a similar nature incurred while the SELECT car is in your possession or control. If the Participating Dealer becomes aware of any parking fine, speeding fine, infringement or other penalty, fee or cost that you have incurred while in possession or control of the SELECT car prior to processing the refund to you in accordance with this clause 4, the Participating Dealer may withhold the amount it requires to directly cover the costs arising from such parking fines, infringements or penalties. Where the Participating Dealer becomes aware of any parking fine, speeding fine, infringement or other penalty, fee or cost after processing your refund in accordance with this clause 4, you agree to pay the dealer the amount required to directly cover the costs arising from such fines, infringements, penalties, fees or costs within 14 days’ written notice of such amounts by the Participating Dealer.
4.4. (Dispute) If you disagree with the Participating Dealer’s assessment of your compliance with the Return Conditions set out in clause 4.2 above, please notify carsales as soon as possible and carsales will seek to resolve the dispute as follows:
(a) carsales will request copies of all relevant documentation from you and the Participating Dealer (including a copy of the Certified Inspection Report and photographs of the SELECT car when purchased and when returned by you to the Participating Dealer);
(b) carsales will review all documentation in a timely manner, and in any event within 14 days of receipt of all documentation from you and the Participating Dealer; and
(c) acting in good faith and to the extent permitted by law, carsales will make a determination as to your entitlement to a refund (and the amount of that refund) under this clause 4. You agree that, to the extent permitted by law and subject to clause 5.1, carsales’ determination under this clause 4.4(c) is final and binding.
4.5. (Where you have purchased the SELECT car with finance) Subject to you satisfying the Return Conditions, where you have purchased the SELECT car using finance obtained from a third party financial institution, whether arranged independently or by the Participating Dealer, you must comply with the following requirements, in order to obtain a refund under this clause 4:
(a) (Participating Dealer) Where you have purchased the SELECT car using finance obtained through the Participating Dealer, the Participating Dealer must arrange for the financial institution providing the finance (Financier) to prepare and issue a letter detailing the amount loaned to you to cover the Purchase Price of the SELECT car (Purchase Price Loan), as well as the stamp duty and any other government fees or taxes payable on the SELECT car (Taxes) and any fees payable by you to the Financier (including any break fee in the event of a cancellation of the purchase of the SELECT car) (Your Fees), (a Payout Letter).
(b) (Third party finance sale) Where you have purchased the SELECT car using finance obtained independently (i.e. directly with a Financier or via a third party who is not the Participating Dealer), you must arrange for the Financier to prepare and issue a Payout Letter to the Participating Dealer.
(c) (Calculation of refund amount) Based on the Payout Letter provided by the Financier to the Participating Dealer in accordance with clauses 4.5(a) and (b) above, the Participating Dealer will calculate and notify you of:
(i) the refund amount to be paid by the Participating Dealer (being the Purchase Price Loan), less any portion of the Purchase Price Loan that is attributable to an asset or car other than the SELECT car or that exceeds the Pre-Negotiated Price;
(ii) the amounts that you are required to pay (being Your Fees);
(iii) the refund amounts that will be paid by carsales (being the Reservation Fee); and
(iv) arrangements in relation to any Taxes, which will be dealt with in accordance with clause 4.8 of these Terms.
(d) (Payment to Financier) You are responsible for, and must make payment of, Your Fees to the Financier as set out in the Payout Letter within 2 business days of receipt of the Payout Letter.
(e) (Updated Payout Letter) After you have made payment to the Financier in accordance with clause 4.5(d), either the Participating Dealer or you (as the case may be) must arrange for the Financier to prepare and issue an updated Payout Letter to the Participating Dealer setting out the final refund payable by the Participating Dealer to the Financier. The Participating Dealer will promptly make payment of the final refund amount to the Financier within 2 business days of receipt of the updated Payout Letter.
(f) (Balance payable) If there is any residual balance following payment of all amounts owing by the Participating Dealer to the Financier as specified in the Payout Letter, the Participating Dealer will pay those amounts to you, via the payment details provided by you at the time of purchase of the SELECT car (or such other payment details as notified by you to the Participating Dealer in writing).
(g) (Timeframes) In addition to any specific timeframes set out above, you agree that you will act as promptly as reasonably possible under this clause 4.5.
4.6. (Where you have purchased the SELECT car with Trade-In Value) Subject to you satisfying the Return Conditions, where you have purchased the SELECT car in whole or in part by way of Trade-In Value:
(a) the Participating Dealer will either (at their discretion):
(i) refund of the Purchase Price plus the Trade-In Value to you, with ownership and title of the trade-in car being retained by the Participating Dealer; or
(ii) refund the Purchase Price minus the Trade-In Value to you, with ownership and title of the trade-in car being transferred from the Participating Dealer to you.
(b) Where you have purchased a SELECT car with both Trade-In Value and finance, you must comply with the requirements set out in clause 4.5 with respect to the finance portion of the Purchase Price.
4.7. (Purchase of SELECT car with cash) Subject to you satisfying the Return Conditions, where you have purchased the SELECT car using cash, the Participating Dealer will refund you the Purchase Price minus any Taxes and any amount withheld under clause 4.3.
4.8. (Refund of Reservation Fee and Taxes) Following confirmation from the Participating Dealer that you have sought and been provided with a refund for the SELECT car in accordance with this clause 4, carsales will:
(a) refund you the Reservation Fee in full; and
(b) subject to you notifying carsales of the Taxes paid by you in relation to the SELECT car transaction, providing any supporting documentation reasonably requested by carsales (including proof of payment of those Taxes) and carsales verifying that documentation, pay you an amount equivalent to such Taxes in accordance with clause 4.9. To the extent Taxes have been paid by the Participating Dealer as part of the Purchase Price (for example, in Victoria or where otherwise agreed between you and the Participating Dealer), the Participating Dealer will refund you the Taxes in full. carsales will not be required to pay you the amount equivalent to the Taxes:
(i) where you have not paid the Taxes or you cannot provide sufficient evidence to satisfy carsales that you have paid the Taxes; or
(ii) to the extent such Taxes were incurred as a result of your failure to comply with clause 4.5(g) or due to other delays caused or contributed to by you (for example, additional stamp duty payments arising in relation to clause 4.6(a)(ii)) that would not have been incurred had you complied with the Terms).
In this clause only, Taxes refers to both the stamp duty and any other government fees or taxes payable on the SELECT car, together with additional stamp duty and any other government fees or taxes directly arising from the roll-back of a trade-in arrangement under clause 4.6(a)(ii).
4.9. (Processing refunds) carsales may take up to ten business days (plus any third party processing time outside of carsales’ reasonable control) to process refunds to you under these Terms from the date of receiving a request for refund and carsales being provided with any details required to process the refund. carsales will transfer the refund to:
(a) in respect of the Reservation Fee, the debit / credit card used to make the reservation; and
(b) in respect of the Taxes to be refunded by carsales in accordance with clause 4.8, the BSB and account number provided by you to the carsales Customer Service Team.
4.10. (Title to pass back to the Participating Dealer) Ownership of and title to the SELECT car will pass to the Participating Dealer upon finalisation of the refund process detailed in this clause 4.
4.11. (Transfer of title and payment of Taxes during refund process) Where you intend to, or have already, notified the Participating Dealer of your intention to return the SELECT car under clause 4.1, you agree, subject to all applicable laws and any applicable contractual obligations under the contract of sale, not to take any further voluntary steps to transfer the vehicle to you or pay any applicable Taxes related to the sale (e.g. payment of stamp duty amounts by you) that would need to then be reversed or refunded under this clause 4.
5.1. (Non-excludable rights) Nothing in these Terms excludes, restricts or modifies any right or remedy conferred on you by an applicable statute (eg the Australian Consumer Law) that cannot be excluded, restricted or modified.
5.2. (Exclusion of warranties) Subject to clause 5.1, all implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, these Terms are excluded.
5.3. (Exclusion of liability for types of loss) Subject to clause 5.1, carsales is not liable for any indirect, special or consequential loss, loss of profits, loss of anticipated savings, loss of use, loss of reputation, loss of opportunity, loss of data or business interruption suffered or incurred by you in connection with these Terms and the use of carsales SELECT.
5.4. (carsales’ liability to you) Subject to clause 5.1 and to the extent permitted by law, our maximum cumulative liability for all loss, damage, liability and expense suffered or incurred by you in connection with these Terms and your use of carsales SELECT, whether under contract, statute, in tort (including negligence) or otherwise, is limited to the greater of: (i) $1000; and (ii) an amount equal to 4 times the total Reservation Fees paid by you to us in the 12 months prior to the relevant loss, damage, liability or expense arising.
6.1. (Providing Personal Information) In order to access and use carsales SELECT, you may be required to provide certain information (such as your contact details and credit card details).
6.2. (How we handle your Personal Information) We will handle any personal information we collect about you in accordance with our Privacy Policy, available online at https://www.carsales.com.au/info/privacy-policy.
7.1. We may:
(a) update these Terms from time to time by updating this website. Any updated Terms will apply to any new carsales SELECT transactions entered into from the time of such changes, but do not affect carsales SELECT transactions that occurred prior to the date of such changes; and/or
(b) discontinue or modify any aspect of carsales SELECT or the carsales Network, in which case we will use reasonable endeavours to provide you with prior notice and finalise any existing transactions on these current Terms.
8.1. (Survival) On termination or expiry of these Terms any provisions of the Terms which by their nature survive termination or expiry, continue in full force and effect.
8.2. (Governing law and jurisdictions) These Terms are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.
8.3. (Entire understanding) These Terms and our standard terms and conditions, contain the entire understanding between the parties as to the subject matter of this document. All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect.
8.4. (Severability) If any part of these Terms is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these Terms will remain in full force and effect.
8.5. (Waiver) A single or partial exercise or waiver by carsales of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
v1.05 (27 October 2023)