Stoneacre Privacy Policy

Where we use ‘we’, ‘our’ and ‘us’ this refers to Decidebloom Ltd t/a Stoneacre, which includes all dealerships in the Stoneacre Motor Group as detailed on www.stoneacre.co.uk. Our company details are as follows: Company number - 3003995 | Registered office - Omega Boulevard, Capitol Park, Thorne, DN8 5TX | VAT Number - GB616996004


This website is owned and operated by Decidebloom Ltd. We are the controller and responsible for any personal data you submit to us. We are registered as a controller with the Information Commissioner’s Office (ICO) and our registration number is: Z7037971


Introduction


Your privacy is of paramount importance. It is important that you read this privacy statement together with any other privacy policy or fair processing notice that we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy statement supplements any other such notices and privacy policies and is not intended to override them. We aim to ensure your experience of using our website or visiting us in branch is fulfilling, hassle-free and secure.


To achieve this, we will outline below;


•  what data we collect from you (online and in branch)

•  how we use this data and conditions under which we may disclose this data to others

•  how we keep any data held secure

•  how our website works


If you have any questions about this privacy statement, including any requests to exercise your legal rights, please contact Group Compliance Officer using the details set out below:


•  email: group.compliance@stoneacre.co.uk

•  post: Stoneacre, Omega Boulevard, Capitol Park, Thorne, DN8 5TX


You have the right to make a complaint at any time to the ICO, the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


What data we collect from you


We collect information about you and your vehicle when you engage with us via our website or contact one of our retail centres. We may collect this information electronically, over the telephone, through postal correspondence or in person.


We may also collect your information when it is shared with us following your contact with one of our manufacturer partners, for example when requesting a test drive.


We only request information which is necessary, relevant and adequate for the purposes you are providing it for. The information we collect may include some or all of the following:


•  Identity Data which includes your name, title, username or similar title, date of birth and gender

•  Contact Data which includes your address, email address, telephone numbers

•  Financial Data which includes bank account and payment card details

•  Vehicle Data which includes make and model, registration number, VIN, mileage, service and warranty information

•  Transaction Data which includes details about payments to and from you, details of any transactions between you and us which includes the date and time you used our services, voice recordings of calls you make to us in connection with your transaction "Live Chat" recordings and information within correspondence you send to us

•  Technical Data which includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website, the website address from which you accessed our website and the pages you visited on our website

•  Usage Data which includes information on how you use our website, products and services

•  Profile Data which includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses and your GPS location (where you have permitted access to this)

•  Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences

•  Cookie, pixels or beacon information (for more information see our Cookie Policy)

•  When engaging in a business context we may collect your job title, company contact details, fleet size and company details

•  CCTV images collected during site monitoring and security purposes - see Policy


We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy statement.


Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may break the law or not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


How do we use this data?


We will only use your personal data where there is a legal basis for processing your personal data. Generally, we will use your personal data in the following ways:


Contractual Performance


We may use your personal data, where necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us, and to enable us to respond to or understand customer/driver’s needs.


We may also process data necessary for us to operate the administrative and technical aspects of our business efficiently and effectively.


Consent


In circumstances where you have provided us with a freely given, informed and specific choice to allow DecideBloom Ltd to process your data, consent will be the lawful basis under which we process your data. Where we rely on your consent, you can withdraw your consent at any time by contacting us.


Legitimate Interest


We may use and process your personal data where necessary for our legitimate interests provided that such interests are not overridden by your interests and fundamental rights and freedoms. Examples of where processing may be necessary for our legitimate interest include:


•  Processing to enable us to support customers with sales and enquiries and provide important information about any products or services you have purchased from us

•  Responding to customer’s correspondence and fulfilling requests (for example test drives, service requests, brochure requests or providing information about specific vehicles)

•  Analysing, evaluating and improving our products and services to enhance our customers experience

•  Undertaking market analysis, research and customer surveys, to improve our understanding of our customers and provide tailored offers, products and services

•  Processing necessary for us to promote our business and services

•  Sending targeted information to customers from time to time following the purchase of a product or service from us where legally permitted

•  Verifying the accuracy of information we hold to create a better understanding of our customers

•  For network and information security purposes, so we can protect information against loss, damage, theft or unauthorised access

•  Enforcing or protecting contractual or other legal rights or to bring or defend legal proceedings

•  Assisting in providing a safe and secure environment within our premises

•  Managing your queries, complaints and claims

•  To recover debts due to us


Legal or Regulatory Obligation


We may process your information regarding updates to our terms and conditions and policies, and to comply with legal requirements (e.g. to register your car with the DVLA, assist with HMRC, undertake legal checks and comply with our obligations under applicable legislation).


Marketing


We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what products and services we think you may want or need, or what products and services may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).


You will receive marketing communications from us if you have requested such information from us or purchased goods or services from us and you have not opted out of receiving that marketing, or where it is in our legitimate interests to send such marketing and we are legally permitted to do so (for example, if you are a business customer).


We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can opt-out of receiving marketing at any time and control your marketing preferences by clicking here and checking or unchecking the relevant boxes to adjust your marketing preferences. You can also access this page by following the opt-out links on any marketing message sent to you.


Alternatively, you can contact us using the contact details above and we will update your preferences.


Where you opt out of receiving these marketing messages, this will not affect our ability to continue to process any personal data provided to us in connection with a product/service purchase, warranty registration, product/service experience or other transactions and we may still contact you in relation to purely transactional matters. If you enquire or purchase a product from Stoneacre after opting out, you will automatically be reinstated to full opt in.


Third Party Contact


Except as otherwise expressly stated in this policy, we will only pass on your information to third parties such as our manufacturer and/or finance partners for marketing purposes where you have given us consent to do so.


How do we share this information?


Sometimes it is necessary for us to share the information we hold on you. These circumstances are outlined below.


Third Parties We may disclose your information where there is legitimate reason to do so to other third parties. This may include:


•  To our affiliated entities to support internal administration

•  IT software providers that host our website and store data on our behalf

•  To professional advisers which may include consultants, lawyers, bankers and insurers who provide us with consultancy, banking, legal, insurance and accounting services

•  HM Revenue and Customs, regulators and other authorities who require reporting of processing activities in certain circumstances

•  Third parties who we may choose to sell, transfer or merge parts of our business or assets with, or who we may seek to acquire other business or merge with them. If a change happens to our businesses, the new owners may use your personal data in the same way as set out in this privacy policy.


Legal Obligation/Safety


We may also disclose personal data to the police, regulatory bodies, or similar third parties where we are under a legal obligation to do so.

In addition, we may disclose data in order to enforce or apply our website terms and conditions and other agreements; or to protect our rights, property, or safety of our customers, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


To provide products or services you have requested


While completing a transaction with us you may request additional products and services (such as guaranteed asset protection, tyre and alloy insurance, along with other products) which will be supplied by our carefully selected list of suppliers.


In order to fulfil your request, we will pass your information, with your agreement, to the necessary third party. We have contracts in place with our suppliers which means they must keep your information secure and can only use it in accordance with our specific instructions.


To provide finance for the purchase of a vehicle


When you apply for finance with us, your details will be passed into a 3rd party company, Blue Owl Network Ltd trading as AutoConvert (contact details below). This organisation will check the following records about you and with their chosen Credit Reference Agencies (CRA), Equifax Ltd and Experian Ltd (contact details below)   


   a. Our own;   

   b. Up to date contact information can be found for AutoConvert at http://www.autoconvert.co.uk

   c. Those at Equifax Ltd and/or Experian Ltd. When Equifax and/or Experian receives a search request from us via AutoConvert, they will place a soft quotation footprint that will be visible to you only, on your credit file, other parties including lenders will not see this. This quotation footprint will not be seen by other parties and it will not affect your credit score/rating or ability to apply for finance from other lenders.   

   d. AutoConvert will access from Equifax Ltd and/or Experian Ltd both public (including the electoral register) and shared credit and fraud prevention information. This information will be used to check your eligibility against a select group of lenders.   

   e. Those at fraud prevention agencies (FPAs).   


We will make checks such as; assessing this application for credit and verifying identities to prevent and detect crime.


   a. Information on applications will be sent to CRAs and will be recorded by them.   

   b. If you give us false or inaccurate information and we suspect or identify fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention.   

   c. Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 2018.   


How to find out more


You can contact our chosen 3rd Party, Blue Owl Network Ltd trading as AutoConvert, Moneybarn or the Credit Reference Agencies, Equifax and Experian; the information they hold may not be the same so it is worth contacting them all.


Equifax Ltd, Customer Services Centre, PO Box 10036, Leicester, LE3 4FS or call 0800 014 2955 or visit www.equifax.co.uk

Experian Ltd, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, UK www.experian.co.uk/contact-us

AutoConvert, 1 Tony Wilson Place Manchester, M15 4FN, UK www.autoconvert.co.uk

Moneybarn, Athena House, Bedford Road, Petersfield, Hampshire, GU32 3LJ www.moneybarn.com/privacy-policy/


To our manufacturer partners


During the course of a transaction with us (vehicle purchase or service), some of your personal data may be shared with our manufacturer partners and they may contact you to carry out a customer survey.


This helps manufacturers analyse and evaluate sales data to enable them to enhance their product offerings.


On occasion, we may share voice recordings to provide manufacturers with evidence of our customer service levels. These recordings will not be used for marketing purposes unless your explicit consent has been given.


Marketing Communications Consent and Data Sharing


By submitting or part completing an enquiry form on our website or providing your email address, mobile phone number, or postcode, you acknowledge and consent to receive marketing communications from Stoneacre.


These communications may include information about our products, services, promotions, special offers, and other relevant content.


Your consent to receive marketing communications is entirely voluntary, and you have the right to withdraw your consent at any time. You can do so by contacting us using the contact information provided in this Privacy Policy or by using the unsubscribe or opt-out option provided in our marketing communications.


Data Sharing with Partners and Platforms


In order to improve our marketing efforts, we may share certain data with trusted partners and platforms. This data sharing is essential for the following purposes:


Attribution Purposes: We may share postcode data with partners such as Autotrader for attribution purposes. This helps us assess the effectiveness of our marketing campaigns and measure the impact of our advertising efforts.


Tailored Marketing Communication: To deliver more personalised and tailored marketing communication, we may share your email address with platforms such as Google and Facebook. This enables us to create and target specific audiences for our marketing campaigns.


To enhance our targeted marketing communication


We may use your data to create lookalike audiences. These lookalike audiences enable us to identify individuals who share similar characteristics and interests with our existing customers. We may then market to these lookalike audiences via third-party social channels such as Facebook & Google


Repairs in our bodyshop


If you are having repairs carried out in one of our bodyshops, we will hold your data on our bodyshop management system. During the repair process, information regarding the work may be shared on electronic platforms, all of which comply with our GDPR assessments

For repair insurance claims, we may also provide your data to third parties for example, independent assessors or an external hire Car Company. We may also provide necessary data to specialist subcontractors like transportation agents, specialist or manufacturer agents.

All of these third parties will have agreed to comply with our code of conduct with regards to holding and using your data.


How long do we keep your information for?


We never retain personal data in an identifiable format for longer than is necessary for the relevant purpose.


If we have a relationship with you, for example if you have purchased a car from us, we will continue to hold your personal data for 6 years from the date our relationship ends. We hold information for this length of time in order to establish, bring about or defend any legal claims.


Where we have obtained your personal data following a request for test drive, brochure, quotation or any other information on our products or services, we will retain this information on our database until you let us know differently.


The following exceptions apply to the above retention periods:


•  If we are required by law to hold your personal data for a longer/shorter period (for further details, please contact group.compliance@stoneacre.co.uk )

•  You have raised a complaint or concern regarding a product or service from us. In which case we will retain your information for a period of 6 years from the date of the complaint or query.


How can you manage the information we hold about you?


It is important that we hold accurate and current personal data about you. Therefore, we ask you to keep us informed if the personal data we hold about you changes.


Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:


•  Request access to your personal data (known as a subject access request)

•  Request correction of your personal data

•  Request erasure of your personal data

•  Object to processing of your personal data

•  Request restriction of processing your personal data

•  Request transfer of your personal data


Upon receipt of a request, we will confirm your identity before processing the request. If you have made a subject access request, any of your personal data in response to the request will be provided in the most practical format, unless you have stipulated an alternative format and this is reasonably possible. Please be aware, we may still withhold personal data that you request to the extent permitted or required by law.


If you wish to exercise any of the rights set out above, please contact: group.compliance@stoneacre.co.uk


You will not ordinarily have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.


In addition to the rights set out above if you have given consent to us processing your personal data for any purpose, you have the right to withdraw your consent at any time. You can do this by contacting us using the contact details set out above. If you withdraw your consent it will not affect the lawfulness of us relying on your consent prior to such withdrawal.


We try to respond to all requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


How do we secure and protect your personal data?


We use technical and organisational security measures to protect all personal data we hold against manipulation, loss, destruction and access by third parties. We continually work to improve these measures in line with technological developments.


We store all the personal data we hold on our secure servers in specialist hosting centres. These servers can only be accessed via a secure firewall using individual password protected logins.


Where we hold personal data in hard copy/paper format it is stored in secure archiving.


Where we pass your information to third party processors, we have contracts in place to restrict the processing activity to that as requested by us. We also specify deletion of the information once processing is complete.


Where we share information with third parties such as manufacturer and finance partners, they will become data controllers. This binds them to the same legislation as we are, and you will be able to review their privacy statements and manage your information directly with them.


Third-Party Links


This website may include links to third-party websites, plug-ins (such as Facebook, Instagram, YouTube, Google+ and Twitter) and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.


Buy Online


A selection of our used vehicles may have been had multi-users previously.


Contract Terms


Please read these terms of sale (Terms) carefully as they set out the terms on which the Seller agrees to sell you a Vehicle(s).


The following definitions apply: "Business Customer" means a person other than a Consumer, including a person acting for purposes relating to that persons trade, business, craft or profession; "Consumer" means a consumer as defined in the Consumer Rights Act 2015; "Contract" means the contract for the sale of the Vehicle(s) between the Seller and you, which consists of the Vehicle Order and these Terms; "Event Outside Our Control" means any event beyond the Seller's reasonable control, including (without limitation) any statute, rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority, delay or non-supply by the Vehicle manufacturer or other third party supplier of the Vehicle, damage or faults to the Vehicle caused prior to its delivery to the Seller or by a third party, failure by the manufacturer to authorise delivery of the Vehicle, strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of such attack, war (declared or not), fire, explosion, storm, flood, earthquake or other natural disaster, pandemic or epidemic, failure of public or private telecommunications networks or impossibility of the use of railway, shipping, aircraft, motor or other means of public or private transport; "Vehicle Order " means the vehicle order agreed by email by the Seller; "Vehicle" means the vehicle(s) stated on the Vehicle Order.


Formation of the Contract


Any quotation is given on the basis that no contract exists between the Seller and you until you have submitted an order through the website and the Seller has confirmed that order by email. Neither payment of any amount by you in respect of the Vehicle(s) nor receipt by you of an acknowledgement of order e-mail/message will be taken as acceptance of an order or formation of the Contract.


Delivery/Faults


The Seller will endeavour to deliver the Vehicle and any additional parts or accessories as agreed under the Contract within the time agreed, or if no time has been specifically agreed, within a reasonable time, always subject to any COVID-19 lockdown/social distancing measures implemented by His Majesty's Government, but in any event within 30 days from acceptance of the order – for used car orders. The Seller shall have no liability for any failure to deliver, or delay in delivering, any Vehicle where that failure or delay is caused by an Event Outside Our Control or for any failure to meet the originally agreed delivery date for both New and Used Vehicles. If the Seller is responsible for a failure to deliver, or a delay in delivering, a Vehicle and you are a Business Customer then the Seller will not be liable for loss or damage of any kind caused directly or indirectly by any delay in the delivery of any Vehicle above an obligation, at the Seller's option, to supply you with an equivalent temporary vehicle or to pay the cost incurred by you for the hire of an equivalent temporary vehicle in the cheapest market reasonably available to you.


You may not terminate or cancel the Contract unless the delay in delivery for used vehicles exceeds 30 days.


Delivery will be made from the Seller's premises or to the new registered keeper at the new registered keeper's home address (as agreed in the Contract). Where delivery is to take place at the new registered keeper's home address, the Vehicle(s) will be driven to this address by the Seller (or its agent). Where the Contract is for more than one Vehicle the Seller may make delivery by instalments. If you fail to take delivery of a Vehicle within 7 days of being notified that it is ready for delivery/collection (as the case may be), you will be responsible for reasonable storage charges.


Please check the Vehicle(s) carefully on delivery. If you wish to claim for damage or for a shortfall in relation to the Vehicle(s), then you must advise the Seller promptly once you become aware of such damage or shortfall (or if apparent on delivery or collection, within 5 days of delivery or collection).


If you are a Business Customer and you become aware within the first six months after delivery, that a Vehicle (or any part of it) is not as described in the Vehicle Order or, has a defect in design, material or workmanship that was present on delivery, then you must notify the Seller within 5 days of: (i) delivery, or if later, (ii) the issue becoming apparent. The Seller will, at its option, repair or replace the Vehicle or affected part. If the Seller is unable to repair or replace within a reasonable period (taking into account the nature of the issue), then either party can terminate the Contract and the Vehicle must be returned to the Seller and the Seller will refund the purchase price, less a reasonable amount in respect of the use which you have made of the Vehicle. The Seller will not be liable to replace, repair or give a refund where: (i) the defect was not present on delivery; (ii) the defect has arisen as a result of fair wear and tear, wilful damage or negligence (with the exception of the wilful damage or negligence of the Seller); or (iii) you or a third party on your instructions have altered or repaired the Vehicle without the Seller's written consent.


If you are a Business Customer: (i) except as provided in this clause 3, the Seller shall have no liability to you in respect of a Vehicle which does not match its description in the Vehicle Order or which has a defect of design, material or workmanship, and in particular shall have no liability for any such failing first notified to the Seller more than 6 months after collection or delivery; and (ii) the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.


This clause 3 does not affect your rights under any warranty or guarantee provided by the Seller or Vehicle manufacturer.


If you are a Consumer, your legal rights in relation to the Vehicle if it is faulty or not as described, are not affected by these Terms or any warranty or guarantee for the Vehicle. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.


Guarantee


The Seller will transfer to you the benefit of any warranty or guarantee given by the Vehicle manufacturer and will comply with the terms of any express guarantee provided in the Vehicle Order.


Liability


To the fullest extent permitted by law, the Seller will have no liability under the Contract for any loss which is not foreseeable (that is if it was an obvious consequence of our breach or if it was contemplated by both parties at the time of entering into the Contract), and, the Seller shall have no liability for any loss of profit, loss of revenue, sales, earnings and/or income, loss of business, loss of savings, business interruption or loss of business opportunity (irrespective of whether such losses are direct or indirect).


The Seller does not in any way exclude or limit liability for: a) death or personal injury caused by the Seller's negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for the Seller to limit liability and, where you are dealing as a Consumer, (i) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (right to supply goods and quiet possession); (ii) any breach of the terms implied by sections 9 to 14 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, pre-contract information, samples/models); or (iii) defective products under the Consumer Protection Act 1987.


If you wish to exercise your right to reject the Vehicle, then you must return the Vehicle to the dealership from which you purchased it.


Part Exchange Vehicle


Where you offer a vehicle in part exchange (the Exchange Vehicle) you confirm that you are the registered keeper of the Exchange Vehicle and that the details of, and statements about, the Exchange Vehicle provided by you are correct.


You agree the value of the part exchange allowance is based on the Exchange Vehicle's condition, including fitted extras, at the date of receipt by you of an acknowledgement of order e-mail in respect of the Vehicle(s). If there have been any changes to the Exchange Vehicle's condition subsequently you must notify the Seller and the Seller may adjust the value of the part exchange allowance. If the Exchange Vehicle is not delivered to the Seller in the same condition and with the same mileage (fair wear and tear excepted and with a reasonable mileage allowance up to the delivery date) or, when inspected and/or test driven by the Seller is not found to be as described by you, the Seller may make a reasonable deduction from the part exchange allowance to cover the cost of any repair required or reduction in value.


The Exchange Vehicle remains at your risk until actual delivery to the Seller.


You will hand over the Vehicle Registration Document for the Exchange Vehicle on delivery to the Seller. Any benefit in the Road Fund Licence for the Exchange Vehicle will be retained by you.


The Exchange Vehicle must have a valid MOT Certificate in force (where applicable) when it is delivered to the Seller. The benefit of the MOT Certificate will pass to the Seller. The spare wheel with a legal tyre (or tyre inflation kit where applicable), locking wheel nut tool (where applicable), Sat Nav memory or Sim card, and 2 working keys for the Exchange Vehicle must also be delivered by you to the Seller or the Seller may adjust the value of the part exchange allowance accordingly.


If the Seller discovers that any statements by you about the Exchange Vehicle were not correct, the Seller shall have, at its option, the right to: Recover from you any reduction in value of the Exchange Vehicle as a result of the incorrect statement, or the cost of a repair necessary to return the Exchange Vehicle to the expected condition; or cancel the Contract.


Ownership and Risk


The risk of loss or damage to the Vehicle passes to you on delivery to/collection by you (as the case may be). Unless otherwise agreed with us in writing, you must have insurance for the Vehicle in place before delivery/collection can take place.


The Vehicle will be owned by you when the Seller has received payment of the purchase price in full together with all other applicable delivery and other charges and the Vehicle has been delivered/collected (as the case may be). Where the purchase is being funded by a finance company then they may own the Vehicle until you have paid off the finance in full at which time ownership will pass to you. Under certain types of finance agreement, you may never own the Vehicle. This will be clarified in the Agreement Terms & Conditions.


Until ownership of the Vehicle passes to you or your finance company, you will hold the Vehicle on our behalf and store the Vehicle at your own cost separately from all other products in your possession. You will not conceal or obliterate any mark placed on the Vehicle so as to be clearly identifiable as the Seller's property.


Where you are using a finance company, we may deal with the finance company directly and they may act on your behalf.


The Seller will be entitled at any time after payment for the Vehicle has become due to repossess the Vehicle and remove it to the Seller's premises. You grant the Seller an irrevocable licence to enter any of your premises for the purpose of inspecting or repossessing the Vehicle.


If before the expiry of 7 days from the date when the Seller repossessed the Vehicle you pay all sums then due and owing to the Seller (including payment in full for the Vehicle) together with the costs of re-taking possession the Seller will re-deliver the Vehicle to you at your expense. If you fail to pay all sums due to the Seller within 7 days, the Seller will be entitled to re-sell the Vehicle and you will be liable to pay to the Seller the difference, if any, between (a) the Contract price of the Vehicle less any part-payment for the Vehicle made by you; and (b) the price obtained by the Seller on re-sale less the costs and expenses of re-taking possession and re-selling the Vehicle.


If you re-sell the Vehicle before ownership in the Vehicle passes to you in accordance with clause 7.1 you will account to the Seller for all the proceeds of any re-sale and before paying such proceeds to the Seller, you will hold the proceeds on the Seller's behalf and keep it separate from your other money. On receiving the proceeds from you the Seller will immediately return to you any sum received in excess of the total of all sums owed by you to the Seller as at the date of receipt by the Seller of the proceeds of sale (including the purchase price of the Vehicle).


Nothing in this clause 7 makes you the agent of the Seller in respect of any re-sale of the Vehicle by you to a third party so as to confer any third-party rights against the Seller.


Price


Where there is a substantial delay in delivery of the Vehicle caused by an Event Outside Our Control and you are part exchanging a vehicle as part payment of the price, then the Seller may amend the value of the part exchange allowance prior to delivery to reflect any decrease in value of the Exchange Vehicle. The Seller will notify you as soon as possible when a revised delivery date is provided of any such change in the part exchange allowance and if you do not notify the Seller within 14 days of notification of the change in the part exchange allowance that the Contract is terminated, then the allowance will be amended as proposed. If you do not agree with the change in the allowance, the Seller may cancel the Contract.


The price includes VAT, unless otherwise stated.


Payment


Unless otherwise specifically agreed, payment for the Vehicle must be made before delivery and the Seller must have received cleared funds in its bank account in respect of the price before delivery can take place. This includes cases where a finance company is funding the purchase of the Vehicle by you.


Payment can be made by secure digital payments links, or electronic transfer of funds to the Seller's bank account. Credit or debit cards may be accepted, subject to limits set by the Seller from time to time.


Failure to pay any amount due will entitle the Seller to charge interest on the amount outstanding at an annual rate of 5% above Lloyds Bank PLC base rate from time to time, calculated on a daily basis from the due date until the date of actual payment (after as well as before any legal judgment against you).


Notwithstanding any Contract term allowing you credit, payment will become immediately due and payable to the Seller if any of the events referred to in clause 15.1 occurs.


If you fail to make payment of any sum due on the due date under this Contract or any other contract with the Seller, or you fail to submit necessary documents to a third party finance provider when requested, or the finance agreement is not entered into for any reason within 4 weeks of receipt by you of the acknowledgement of order e-mail, the Seller may postpone delivery of the Vehicle or cancel this Contract or any other contract with you, but without limiting any other rights or remedies which the Seller may have in respect of such failure by you.


The Seller is entitled to use any payment made by you in respect of any goods in settlement of any outstanding invoices or accounts as the Seller in its absolute discretion thinks fit, notwithstanding any purported purpose indicated by you.


Cancellation


Where you deal as a Consumer and the Vehicle Order has been entered into (i) without any face to face contact between you and the Seller; or (ii) in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification after it was left the Vehicle manufacturer's factory in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.


If you cancel the Contract under clause 10.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or where it has been delivered, within 14 days of you returning the Vehicle to the Seller together with the V5, all keys, the Vehicle's book pack and all Vehicle accessories. You must return the Vehicle within 14 days of your cancellation at your cost. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you and the Seller have expressly agreed otherwise.


If the Vehicle has been delivered to you, you must take reasonable care of the Vehicle while it is in your possession. If you cancel the Contract under clause 10.1, you will be responsible for any loss or damage from when you took delivery of the Vehicle to when the Seller receives it back and any mileage usage of the Vehicle. A mileage charge of 40p per mile will be charged for each mile over and above the mileage on the vehicle at time of delivery / collection. You will be liable for any diminished value of the Vehicle resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle in the same manner as if you had inspected and test driven the Vehicle at a dealership.


If, in breach of the Contract, you attempt to cancel the order or fail to take delivery of the Vehicle at the agreed time or, if no time is agreed, within a reasonable time of the Seller informing you that the Vehicle is available, then the Seller may charge you for storage costs and further delivery costs or may cancel the Contract and retain all or any of the deposit in accordance with clause 11.


If there is a failure or delay by the Seller in supplying the Vehicle or performing any of its obligations under the Contract, that is caused by an Event Outside Our Control, the Seller may cancel the Contract by giving written notice to you and will return your deposit so far as it relates to a Vehicle(s) not delivered or work not done. You will remain liable to pay for Vehicle(s) delivered and work done prior to the date of cancellation.


If the Contract is cancelled, any agreement by the Seller to take a vehicle in part exchange will also be cancelled unless the Exchange Vehicle has already been delivered to the Seller, in which case the Seller will repay you the part exchange allowance shown on the Vehicle Order (or such later allowance agreed with you).


If you default in accepting delivery of, or paying for, the Vehicle, then the Seller reserves the right to re-sell the Vehicle to a third party without giving written notice to you. If the Seller re-sells the Vehicle the Contract is deemed cancelled and the Seller shall retain all or any of the deposit in accordance with clause 12.


Deposit


If the Seller cancels the Contract under the provisions of clause 15 or if you cancel the order in breach of contract or fail to take delivery of any Vehicle(s), any deposit paid by you will be retained by the Seller, provided that in the case of a Consumer, the retention does not exceed the actual losses incurred by the Seller as a result of your failure to take delivery, including the costs of re-marketing and/or re-sale of the Vehicle.


Vehicle Valuations


When we value used vehicles (whether for sale or as part exchange) we are guided by their make and model, age, mileage, condition and specification.


Financing


Where you have indicated that you are buying the Vehicle in whole or in part by means of a hire purchase, lease or conditional purchase agreement, or other financing arrangement, then:


You agree that you remain bound by the Contract as if you were purchasing and paying for the Vehicle in full, regardless of the invoice for the Vehicle and any other documents being addressed to a finance provider.


If the Seller suffers any loss (including loss of profit) as a result of you not entering into the agreement to fund the purchase of the Vehicle with a third party, or you providing any false or misleading information to that third party (directly or via the Seller) then you will be liable to pay the Seller in respect of such loss. The Seller can deduct the actual amount of loss incurred from the deposit paid by you.


The Seller consents to the Vehicle being sold on these terms to a third party nominated by you for the purpose only of providing the funding of the purchase to you. You agree to pay the Seller any costs, claims, loss or damage payable by the Seller to that third party, including any finance company, which results from the sale of the Vehicle to that third party and which would not have been payable had the Vehicle been sold directly to you.

Brochures etc.


If you are a Business Customer, no drawings, weights or dimensions issued by the Seller or the Vehicle manufacturer, nor any descriptions and illustrations contained in the Seller's or manufacturer's brochures, price lists or other advertising material will be deemed to form part of the Contract nor be regarded as a warranty or representation relating to the Vehicle.


Termination


The Contract will terminate immediately on the happening of any of the following events:


if you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.


The Seller serves written notice on you that you have failed to observe or perform any of your obligations or duties under this or any other Contract with the Seller.


Termination of the Contract will be without prejudice to the rights, obligations and liabilities of either party already accrued.


Complaints


Where you are dealing as a Consumer and you have a complaint or dispute with the Seller, the Seller operates its own complaints handling procedure. For full details of this procedure, please see the Seller's website under Customer Services. In the event of us not being able to resolve the matter, you have a right to complain to alternative dispute resolution providers that deal with motor industry complaints. You may also have the right to complain to the Financial Ombudsman Service (financial-ombudsman.org.uk).


General


Any insurance premium stated on the Vehicle Order is subject to acceptance by the relevant insurance company.


The Seller can assign, sub-contract or sub-let the Contract or any part of it.


The Contract shall be governed by and construed in accordance with English law and it is agreed that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.


Any formal notices to the Seller should be sent to its registered office. If the Seller needs to give you formal notice, this will be by email or by post to the address in the Vehicle Order or that the Seller otherwise holds for you.


No person who is not a party to the Contract between us acquires any benefit or right under the Contract.


If either party gives up their rights or remedies on one occasion that does not mean that they are doing so in respect of any other rights or remedies.


If any provision of the Contract is held to be illegal, invalid or unenforceable in whole or in part, that provision will to that extent necessary be deemed to not form part of the Contract and the legality, validity and enforceability of the remainder will not be affected.

Please read these terms of sale (Terms) carefully as they set out the terms on which the Seller agrees to sell you a Vehicle(s).


The following definitions apply: "Business Customer" means a person other than a Consumer, including a person acting for purposes relating to that persons trade, business, craft or profession; "Consumer" means a consumer as defined in the Consumer Rights Act 2015; "Contract" means the contract for the sale of the Vehicle(s) between the Seller and you, which consists of the Vehicle Order and these Terms; "Event Outside Our Control" means any event beyond the Seller's reasonable control, including (without limitation) any statute, rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority, delay or non-supply by the Vehicle manufacturer or other third party supplier of the Vehicle, damage or faults to the Vehicle caused prior to its delivery to the Seller or by a third party, failure by the manufacturer to authorise delivery of the Vehicle, strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of such attack, war (declared or not), fire, explosion, storm, flood, earthquake or other natural disaster, pandemic or epidemic, failure of public or private telecommunications networks or impossibility of the use of railway, shipping, aircraft, motor or other means of public or private transport; "Vehicle Order " means the vehicle order agreed by email by the Seller; "Vehicle" means the vehicle(s) stated on the Vehicle Order.


Formation of the Contract


Any quotation is given on the basis that no contract exists between the Seller and you until you have submitted an order through the website and the Seller has confirmed that order by email. Neither payment of any amount by you in respect of the Vehicle(s) nor receipt by you of an acknowledgement of order e-mail/message will be taken as acceptance of an order or formation of the Contract.


Delivery/Faults


The Seller will endeavour to deliver the Vehicle and any additional parts or accessories as agreed under the Contract within the time agreed, or if no time has been specifically agreed, within a reasonable time, always subject to any COVID-19 lockdown/social distancing measures implemented by His Majesty's Government, but in any event within 30 days from acceptance of the order – for used car orders. The Seller shall have no liability for any failure to deliver, or delay in delivering, any Vehicle where that failure or delay is caused by an Event Outside Our Control or for any failure to meet the originally agreed delivery date for both New and Used Vehicles. If the Seller is responsible for a failure to deliver, or a delay in delivering, a Vehicle and you are a Business Customer then the Seller will not be liable for loss or damage of any kind caused directly or indirectly by any delay in the delivery of any Vehicle above an obligation, at the Seller's option, to supply you with an equivalent temporary vehicle or to pay the cost incurred by you for the hire of an equivalent temporary vehicle in the cheapest market reasonably available to you.


You may not terminate or cancel the Contract unless the delay in delivery for used vehicles exceeds 30 days.


Delivery will be made from the Seller's premises or to the new registered keeper at the new registered keeper's home address (as agreed in the Contract). Where delivery is to take place at the new registered keeper's home address, the Vehicle(s) will be driven to this address by the Seller (or its agent). Where the Contract is for more than one Vehicle the Seller may make delivery by instalments. If you fail to take delivery of a Vehicle within 7 days of being notified that it is ready for delivery/collection (as the case may be), you will be responsible for reasonable storage charges.


Please check the Vehicle(s) carefully on delivery. If you wish to claim for damage or for a shortfall in relation to the Vehicle(s), then you must advise the Seller promptly once you become aware of such damage or shortfall (or if apparent on delivery or collection, within 5 days of delivery or collection).


If you are a Business Customer and you become aware within the first six months after delivery, that a Vehicle (or any part of it) is not as described in the Vehicle Order or, has a defect in design, material or workmanship that was present on delivery, then you must notify the Seller within 5 days of: (i) delivery, or if later, (ii) the issue becoming apparent. The Seller will, at its option, repair or replace the Vehicle or affected part. If the Seller is unable to repair or replace within a reasonable period (taking into account the nature of the issue), then either party can terminate the Contract and the Vehicle must be returned to the Seller and the Seller will refund the purchase price, less a reasonable amount in respect of the use which you have made of the Vehicle. The Seller will not be liable to replace, repair or give a refund where: (i) the defect was not present on delivery; (ii) the defect has arisen as a result of fair wear and tear, wilful damage or negligence (with the exception of the wilful damage or negligence of the Seller); or (iii) you or a third party on your instructions have altered or repaired the Vehicle without the Seller's written consent.


If you are a Business Customer: (i) except as provided in this clause 3, the Seller shall have no liability to you in respect of a Vehicle which does not match its description in the Vehicle Order or which has a defect of design, material or workmanship, and in particular shall have no liability for any such failing first notified to the Seller more than 6 months after collection or delivery; and (ii) the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.


This clause 3 does not affect your rights under any warranty or guarantee provided by the Seller or Vehicle manufacturer.


If you are a Consumer, your legal rights in relation to the Vehicle if it is faulty or not as described, are not affected by these Terms or any warranty or guarantee for the Vehicle. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.


Guarantee


The Seller will transfer to you the benefit of any warranty or guarantee given by the Vehicle manufacturer and will comply with the terms of any express guarantee provided in the Vehicle Order.


Liability


To the fullest extent permitted by law, the Seller will have no liability under the Contract for any loss which is not foreseeable (that is if it was an obvious consequence of our breach or if it was contemplated by both parties at the time of entering into the Contract), and, the Seller shall have no liability for any loss of profit, loss of revenue, sales, earnings and/or income, loss of business, loss of savings, business interruption or loss of business opportunity (irrespective of whether such losses are direct or indirect).


The Seller does not in any way exclude or limit liability for: a) death or personal injury caused by the Seller's negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for the Seller to limit liability and, where you are dealing as a Consumer, (i) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (right to supply goods and quiet possession); (ii) any breach of the terms implied by sections 9 to 14 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, pre-contract information, samples/models); or (iii) defective products under the Consumer Protection Act 1987.


If you wish to exercise your right to reject the Vehicle, then you must return the Vehicle to the dealership from which you purchased it.


Part Exchange Vehicle


Where you offer a vehicle in part exchange (the Exchange Vehicle) you confirm that you are the registered keeper of the Exchange Vehicle and that the details of, and statements about, the Exchange Vehicle provided by you are correct.


You agree the value of the part exchange allowance is based on the Exchange Vehicle's condition, including fitted extras, at the date of receipt by you of an acknowledgement of order e-mail in respect of the Vehicle(s). If there have been any changes to the Exchange Vehicle's condition subsequently you must notify the Seller and the Seller may adjust the value of the part exchange allowance. If the Exchange Vehicle is not delivered to the Seller in the same condition and with the same mileage (fair wear and tear excepted and with a reasonable mileage allowance up to the delivery date) or, when inspected and/or test driven by the Seller is not found to be as described by you, the Seller may make a reasonable deduction from the part exchange allowance to cover the cost of any repair required or reduction in value.


The Exchange Vehicle remains at your risk until actual delivery to the Seller.


You will hand over the Vehicle Registration Document for the Exchange Vehicle on delivery to the Seller. Any benefit in the Road Fund Licence for the Exchange Vehicle will be retained by you.


The Exchange Vehicle must have a valid MOT Certificate in force (where applicable) when it is delivered to the Seller. The benefit of the MOT Certificate will pass to the Seller. The spare wheel with a legal tyre (or tyre inflation kit where applicable), locking wheel nut tool (where applicable), Sat Nav memory or Sim card, and 2 working keys for the Exchange Vehicle must also be delivered by you to the Seller or the Seller may adjust the value of the part exchange allowance accordingly.


If the Seller discovers that any statements by you about the Exchange Vehicle were not correct, the Seller shall have, at its option, the right to:


Recover from you any reduction in value of the Exchange Vehicle as a result of the incorrect statement, or the cost of a repair necessary to return the Exchange Vehicle to the expected condition; or

cancel the Contract.


Ownership and Risk


The risk of loss or damage to the Vehicle passes to you on delivery to/collection by you (as the case may be). Unless otherwise agreed with us in writing, you must have insurance for the Vehicle in place before delivery/collection can take place.


The Vehicle will be owned by you when the Seller has received payment of the purchase price in full together with all other applicable delivery and other charges and the Vehicle has been delivered/collected (as the case may be). Where the purchase is being funded by a finance company then they may own the Vehicle until you have paid off the finance in full at which time ownership will pass to you. Under certain types of finance agreement, you may never own the Vehicle. This will be clarified in the Agreement Terms & Conditions.


Until ownership of the Vehicle passes to you or your finance company, you will hold the Vehicle on our behalf and store the Vehicle at your own cost separately from all other products in your possession. You will not conceal or obliterate any mark placed on the Vehicle so as to be clearly identifiable as the Seller's property.


Where you are using a finance company, we may deal with the finance company directly and they may act on your behalf.


The Seller will be entitled at any time after payment for the Vehicle has become due to repossess the Vehicle and remove it to the Seller's premises. You grant the Seller an irrevocable licence to enter any of your premises for the purpose of inspecting or repossessing the Vehicle.


If before the expiry of 7 days from the date when the Seller repossessed the Vehicle you pay all sums then due and owing to the Seller (including payment in full for the Vehicle) together with the costs of re-taking possession the Seller will re-deliver the Vehicle to you at your expense. If you fail to pay all sums due to the Seller within 7 days, the Seller will be entitled to re-sell the Vehicle and you will be liable to pay to the Seller the difference, if any, between (a) the Contract price of the Vehicle less any part-payment for the Vehicle made by you; and (b) the price obtained by the Seller on re-sale less the costs and expenses of re-taking possession and re-selling the Vehicle.


If you re-sell the Vehicle before ownership in the Vehicle passes to you in accordance with clause 7.1 you will account to the Seller for all the proceeds of any re-sale and before paying such proceeds to the Seller, you will hold the proceeds on the Seller's behalf and keep it separate from your other money. On receiving the proceeds from you the Seller will immediately return to you any sum received in excess of the total of all sums owed by you to the Seller as at the date of receipt by the Seller of the proceeds of sale (including the purchase price of the Vehicle).


Nothing in this clause 7 makes you the agent of the Seller in respect of any re-sale of the Vehicle by you to a third party so as to confer any third-party rights against the Seller.


Price


Where there is a substantial delay in delivery of the Vehicle caused by an Event Outside Our Control and you are part exchanging a vehicle as part payment of the price, then the Seller may amend the value of the part exchange allowance prior to delivery to reflect any decrease in value of the Exchange Vehicle. The Seller will notify you as soon as possible when a revised delivery date is provided of any such change in the part exchange allowance and if you do not notify the Seller within 14 days of notification of the change in the part exchange allowance that the Contract is terminated, then the allowance will be amended as proposed. If you do not agree with the change in the allowance, the Seller may cancel the Contract.


The price includes VAT, unless otherwise stated.


Payment


Unless otherwise specifically agreed, payment for the Vehicle must be made before delivery and the Seller must have received cleared funds in its bank account in respect of the price before delivery can take place. This includes cases where a finance company is funding the purchase of the Vehicle by you.


Payment can be made by secure digital payments links, or electronic transfer of funds to the Seller's bank account. Credit or debit cards may be accepted, subject to limits set by the Seller from time to time.


Failure to pay any amount due will entitle the Seller to charge interest on the amount outstanding at an annual rate of 5% above Lloyds Bank PLC base rate from time to time, calculated on a daily basis from the due date until the date of actual payment (after as well as before any legal judgment against you).


Notwithstanding any Contract term allowing you credit, payment will become immediately due and payable to the Seller if any of the events referred to in clause 15.1 occurs.


If you fail to make payment of any sum due on the due date under this Contract or any other contract with the Seller, or you fail to submit necessary documents to a third party finance provider when requested, or the finance agreement is not entered into for any reason within 4 weeks of receipt by you of the acknowledgement of order e-mail, the Seller may postpone delivery of the Vehicle or cancel this Contract or any other contract with you, but without limiting any other rights or remedies which the Seller may have in respect of such failure by you.


The Seller is entitled to use any payment made by you in respect of any goods in settlement of any outstanding invoices or accounts as the Seller in its absolute discretion thinks fit, notwithstanding any purported purpose indicated by you.


Cancellation


Where you deal as a Consumer and the Vehicle Order has been entered into (i) without any face to face contact between you and the Seller; or (ii) in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification after it was left the Vehicle manufacturer's factory in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.


If you cancel the Contract under clause 10.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or where it has been delivered, within 14 days of you returning the Vehicle to the Seller together with the V5, all keys, the Vehicle's book pack and all Vehicle accessories. You must return the Vehicle within 14 days of your cancellation at your cost. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you and the Seller have expressly agreed otherwise.


If the Vehicle has been delivered to you, you must take reasonable care of the Vehicle while it is in your possession. If you cancel the Contract under clause 10.1, you will be responsible for any loss or damage from when you took delivery of the Vehicle to when the Seller receives it back and any mileage usage of the Vehicle. A mileage charge of 40p per mile will be charged for each mile over and above the mileage on the vehicle at time of delivery / collection. You will be liable for any diminished value of the Vehicle resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle in the same manner as if you had inspected and test driven the Vehicle at a dealership.


If, in breach of the Contract, you attempt to cancel the order or fail to take delivery of the Vehicle at the agreed time or, if no time is agreed, within a reasonable time of the Seller informing you that the Vehicle is available, then the Seller may charge you for storage costs and further delivery costs or may cancel the Contract and retain all or any of the deposit in accordance with clause 11.


If there is a failure or delay by the Seller in supplying the Vehicle or performing any of its obligations under the Contract, that is caused by an Event Outside Our Control, the Seller may cancel the Contract by giving written notice to you and will return your deposit so far as it relates to a Vehicle(s) not delivered or work not done. You will remain liable to pay for Vehicle(s) delivered and work done prior to the date of cancellation.


If the Contract is cancelled, any agreement by the Seller to take a vehicle in part exchange will also be cancelled unless the Exchange Vehicle has already been delivered to the Seller, in which case the Seller will repay you the part exchange allowance shown on the Vehicle Order (or such later allowance agreed with you).


If you default in accepting delivery of, or paying for, the Vehicle, then the Seller reserves the right to re-sell the Vehicle to a third party without giving written notice to you. If the Seller re-sells the Vehicle the Contract is deemed cancelled and the Seller shall retain all or any of the deposit in accordance with clause 12.


Deposit


If the Seller cancels the Contract under the provisions of clause 15 or if you cancel the order in breach of contract or fail to take delivery of any Vehicle(s), any deposit paid by you will be retained by the Seller, provided that in the case of a Consumer, the retention does not exceed the actual losses incurred by the Seller as a result of your failure to take delivery, including the costs of re-marketing and/or re-sale of the Vehicle.


Vehicle Valuations


When we value used vehicles (whether for sale or as part exchange) we are guided by their make and model, age, mileage, condition and specification.


Financing


Where you have indicated that you are buying the Vehicle in whole or in part by means of a hire purchase, lease or conditional purchase agreement, or other financing arrangement, then:


You agree that you remain bound by the Contract as if you were purchasing and paying for the Vehicle in full, regardless of the invoice for the Vehicle and any other documents being addressed to a finance provider.


If the Seller suffers any loss (including loss of profit) as a result of you not entering into the agreement to fund the purchase of the Vehicle with a third party, or you providing any false or misleading information to that third party (directly or via the Seller) then you will be liable to pay the Seller in respect of such loss. The Seller can deduct the actual amount of loss incurred from the deposit paid by you.


The Seller consents to the Vehicle being sold on these terms to a third party nominated by you for the purpose only of providing the funding of the purchase to you. You agree to pay the Seller any costs, claims, loss or damage payable by the Seller to that third party, including any finance company, which results from the sale of the Vehicle to that third party and which would not have been payable had the Vehicle been sold directly to you.

Brochures etc.


If you are a Business Customer, no drawings, weights or dimensions issued by the Seller or the Vehicle manufacturer, nor any descriptions and illustrations contained in the Seller's or manufacturer's brochures, price lists or other advertising material will be deemed to form part of the Contract nor be regarded as a warranty or representation relating to the Vehicle.


Termination


The Contract will terminate immediately on the happening of any of the following events:


if you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.


The Seller serves written notice on you that you have failed to observe or perform any of your obligations or duties under this or any other Contract with the Seller.


Termination of the Contract will be without prejudice to the rights, obligations and liabilities of either party already accrued.


Complaints


Where you are dealing as a Consumer and you have a complaint or dispute with the Seller, the Seller operates its own complaints handling procedure. For full details of this procedure, please see the Seller's website under Customer Services. In the event of us not being able to resolve the matter, you have a right to complain to alternative dispute resolution providers that deal with motor industry complaints. You may also have the right to complain to the Financial Ombudsman Service (financial-ombudsman.org.uk).


General


Any insurance premium stated on the Vehicle Order is subject to acceptance by the relevant insurance company.


The Seller can assign, sub-contract or sub-let the Contract or any part of it.


The Contract shall be governed by and construed in accordance with English law and it is agreed that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.


Any formal notices to the Seller should be sent to its registered office. If the Seller needs to give you formal notice, this will be by email or by post to the address in the Vehicle Order or that the Seller otherwise holds for you.


No person who is not a party to the Contract between us acquires any benefit or right under the Contract.


If either party gives up their rights or remedies on one occasion that does not mean that they are doing so in respect of any other rights or remedies.


If any provision of the Contract is held to be illegal, invalid or unenforceable in whole or in part, that provision will to that extent necessary be deemed to not form part of the Contract and the legality, validity and enforceability of the remainder will not be affected.


Changes to this policy


We may review this policy from time to time. We will notify you of changes by posting an updated version of our Privacy Policy on our website.


This policy was last updated on January 31 2024


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