Vehicle Purchase Terms and Conditions
Vehicle Purchase Terms and Conditions
THESE TERMS AND CONDITIONS SET OUT:
Your legal rights and responsibilities.
Our legal rights and responsibilities.
Certain key information required by law.
When you purchase a vehicle on our website (www.spencerscarsales.co.uk) You are entering into a legal agreement bound by these Purchase Terms and Conditions and our Privacy Statement.
If you do not understand any of these Terms and Conditions and want to talk to Us about them, please contact us:
In person at our place of business: Unit 32 Ramirez Road, Rackheath Trading Estate, Rackheath, Norwich, NR13 6GD
By email to [email protected]
By telephone on 01603 266000. We may record calls for quality and training purposes.
Spencers Car Sales registered in England under company number: 06036779
Registered office: Anglia House, 6 Central Avenue, St Andrews Business Park, Thorpe St Andrew, Norwich, Norfolk, United Kingdom, NR7 0HR
DEFINITIONS
1.1 In these Terms and Conditions the following words and expressions shall have the following meanings:
"We", "Us", "Our" “Spencers” shall refer to Spencers Car Sales whose registered number is 06036779 and registered office is: Anglia House, 6 Central Avenue, St Andrews Business Park, Thorpe St Andrew, Norwich, Norfolk, United Kingdom, NR7 0HR
"You" and "Your" shall refer to you personally, being the customer or prospective customer desiring to buy New or Used Cars from Us and any user of the Website.
“Order” means the process by which You may purchase a New or Used Car from Us
“Online” means Your purchase of a New or Used Car by means of a distance contract which is concluded without any face-to-face contact between You and Us, including but not limited to purchases concluded through the Website, by email or over the phone.
"Payment Method" is by bank transfer, debit cards as outlined on the website or our online finance companies via our website. Credit card and cash payments are not accepted.
"Personal Data" is Your personal data as defined in the General Data Protection Regulation (EU) 2016/679.
“Price” is the total amount payable for the Vehicle inclusive of VAT.
“Terms and Conditions” these Spencers New and Used Car Purchase Terms and Conditions together with the Terms of Use and Privacy Statement.
“New and Used Car(s)” are the vehicles that are available for sale from Spencers together with any ancillary products or services.
"New and Used Car Description" is the description of the New and Used Cars including but not limited to the price; make; model; mileage; any manufacturer fitted feature; engine; colour; wheel size; upholstery; equipment or other feature, shown on the Website or at the Retail Site.
“Vehicle” is the New or Used Car that You choose to purchase by placing an Order including any additional associated products such as extended warranty or paint protection.
“Part-Exchange Vehicle” is any vehicle which You offer for sale to Spencers in part of full payment for the Vehicle
"Website" is the website owned and operated Spencers located https://www.spencerscarsales.co.uk.co.uk/ plus any related URLs owned and operated by Wilsons which enable the provision of details of New and Used Cars available for sale by Spencers.
1.2 Headings in these Terms and Conditions are only for convenience and shall not affect its construction.
These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions.
INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that We must give You certain key information before a legally binding contract between You and Us is made. This key information is set out in these Terms and Conditions which will also be supplied to You as a pdf attachment following an Order made by you online detailed in clause 4.3.
2.2 If We have to change any key information once a legally binding contract between You and Us is made, we can only do this if You agree to it.
SEARCHING FOR A NEW OR USED CAR
3.1 NEW OR USED CAR WEBSITE SEARCHES
3.1.1 You agree to the Terms of Use and any further terms of use of the Website set out in these Terms and Conditions.
3.1.2 You can view the New or Used Car Descriptions for the New or Used Cars that are available for sale from Spencers using the “Search used cars” or “Search new cars” search facility on the Website.
3.1.3 If You would like to buy or enquire about a New or Used Car You have seen on the Website then you can complete the Order process on the website set out in Clause 4.3 or contact Spencers by telephone, e-mail or live chat.
3.2 NEW OR USED CAR PRICING AND DESCRIPTIONS
3.2.1 The New or Used Car Descriptions are provided for information for you to be able to consider. We make every effort to ensure that The New or Used Car descriptions are accurate but may not address Your particular requirements. Where you require additional information in relation to the Used Car, please contact us by telephone or email so we may further assist you. You should check with us to ensure the specifications of a chosen car meets your expectations prior to committing to purchase
3.2.2 Please enquire to find out the previous usage of the Used vehicles.
3.2.3 All fuel economy figures quoted on the Website are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. The figures are designed for comparison purposes only. Under normal use the vehicles actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors and vehicle age and condition.
3.2.4 Any references to the speed or performance of the New or Used Car should not be taken as an encouragement to drive irresponsibly, dangerously or at speeds in excess of national limits or to breach the rules of the Highway Code. Any references to accessories fitted to the New or Used Car should not be taken as an encouragement to act anti-socially or to encourage unsafe driving.
3.2.5 We make every effort to ensure that the prices and figures shown on the Website and on other advertising media are accurate. However, errors may occur, and We may change prices without notice. We will inform You as soon as reasonably possible if there is an error in the price of the New or Used Car that You have ordered.
You may then either
(a) re-confirm Your order at the correct price or
(b) cancel Your order.
If You decide to cancel Your order after We have informed You of a pricing change, We will give You a full refund of any monies you have paid as soon as reasonably possible (and in any event within fourteen (14) days of cancellation).
3.2.6 We make every effort to ensure the accuracy of the information contained in the Website, New and Used Car Descriptions and other advertising media however, errors may occur. (See paragraph 3.2.1)
3.2.7 We have made every effort to display the Vehicle accurately on our website with images, but we cannot guarantee that the photographs accurately reflect the appearance of the New or Used Car.
USED CAR PURCHASE TERMS
4.1 ACCEPTANCE OF TERMS
4.1.1 By entering into a contract with Us to buy a New or Used Car, You agree to be bound by these Purchase Terms and Conditions, Our Terms of Use and Our Privacy Statement which are incorporated herein by reference. These Purchase Terms and Conditions are a legally binding agreement between You and Us.
4.1.2 If you are under the age of 18 You cannot buy any New or Used Cars from Us.
4.2 PERSONAL DATA
4.2.1 Your request to receive further information about a particular New or Used Car and/or Your request to buy a New or Used Car will require You to submit Your Personal Data to Us online through the Website, by email, live chat or over the phone.
4.2.2 The Personal Data You submit to Us will only be used in accordance with the Privacy Statement and in accordance with the Data Protection Act and the GDPR.
4.2.3 In accordance with the Privacy Statement, Your Personal Data will be (i) used by Wilsons and Our suppliers, including for the avoidance of doubt purposes relating to Your purchase of the New or Used Car and (ii) used by Wilsons for marketing and research purposes and will not be disclosed to other organisations for marketing and research purposes.
4.2.4 If You do not wish to receive any further marketing information or wish to update or correct any inaccuracies in Your Personal Data please contact Us.
4.2.5 In the absence of negligence on Our part, We will not be responsible for any loss that You may suffer if a third party gains unauthorised access to any Personal Data that You give Us.
4.3 PLACING AN ORDER
4.3.1 To purchase a New or Used Car, you are required to:
Complete the “Buy Car” process for a New or Used Car listed on Our website, and
Provide Us with cleared funds for the full amount due as set out in your Order confirmation either by way of electronic means, bank transfer, funds from a secured or unsecured loan through our online finance partner or any combination forth with.
4.3.2 Following your completion of the “Buy Car” process for a New or Used Car listed on Our website, we will contact You by telephone and confirm your intention to purchase the New or Used Car (“Order confirmation”).
4.3.3 We will verify your identity and address using a digital identity verification process. If your identity checks are not passed then we will contact you to inform you that we will cancel your order and refund to you any payments already made to us in relation to this Order.
4.3.4 You must provide Us with proof of Your identity and proof of Your current residential address.
Acceptable identity documents are:
Your passport or Your photo driving licence; and A Utility bill in your name for Your current residential address which is less than three months old.
4.3.5 When You have placed an Order on our website and We have completed the Order Confirmation, we will remove the New or Used Car from sale. Your order will typically be completed 5 to 10 days from the date the Order is confirmed but no later than 30 days following Order confirmation.
4.3.6 You will receive a copy of these Purchase Terms and Conditions which you will be deemed to have already read by email to the email address you provided with your Order.
4.3.7 By submitting your Identity Documents to Us, You confirm acceptance by You of these Purchase Terms and Conditions and you agree that We may use the information contained in the Identity Documents to verify your identity and, where you are purchasing more than one New or Used Car in any one year period, to carry out due diligence screening.
4.3.9 We reserve the right to contact you at any time prior to completion of the order to inform you that we will not accept Your Order. This is typically for the following reasons:
- The New or Used Car is unavailable for an unforeseen reason;
- You are not allowed to buy the New or Used Car from Us;
- We are not allowed to sell the New or Used Car to You;
- You have ordered too many New or Used Cars;
- or there has been a mistake on the pricing or description of the New or Used Car.
4.4 ORDER CANCELLATION
4.4.1 If you wish to cancel your order you must do so by contacting us by emailing [email protected] or by phone during business opening hours, at least two days before collecting your order. We will give You a full refund of any monies you have paid as soon as reasonably possible (and in any event within fourteen (14) days of cancellation)
4.4.2 If We contact you to inform you that we do not accept Your Order, as detailed in 4.3.9, then We will give You a full refund of any monies you have paid as soon as reasonably possible (and in any event within fourteen (14) days of cancellation)
4.5 PAYMENT
4.5.1 The balance of the purchase price is to be paid by You to Spencers via our website or over the phone prior to collection of the New or Used Car (“Balance Payment”) by debit card or acceptance of a finance agreement from our finance partner. Bank Transfers, credit cards and cash payments are not accepted.
4.5.2 Debit cards used to make the Balance Payment must be from a card registered in the name of the person identified in the Identity Documents.
4.5.3 Please read the Order Acknowledgement carefully and check Your order reflects the specification ordered before submitting the Payment. If You need to correct any errors in Your order You can do so by contacting Us by email or by telephone at 01603 266000.
4.5.4 By ordering Online, you have an obligation to pay the Balance Payment on completion of the order. Failure to do so will result in Us acting in good faith in assuming that Your intention is to cancel Your order. As a result, the New or Used Car will be removed from “reserved” status and placed back on sale. We will acknowledge receipt of your Balance Payment by email or by telephone as soon as possible.
4.6 PART EXCHANGE VEHICLE
4.6.1 You must notify us during the Order if you have a vehicle you wish to part-exchange (“Part-Exchange Vehicle”), provide us with all the information regarding the Part-Exchange Vehicle which we may reasonably request and ensure the Part-Exchange Vehicle is available for us to take when you collect your new vehicle. For the Part-Exchange vehicle to be considered You will be required to describe its specification and condition (“Description”) during the Order process. The information provided will be used by Us to determine if the Part-Exchange Vehicle proposed by You meets the required criteria set by Us for consideration in the Order.
4.6.2 If we agree to consider purchasing your Part-Exchange Vehicle, we will inspect it to ensure it matches the Description you provided. We are not obliged to provide a part-exchange option when selling the Vehicle and our decision to examine and value a Part-Exchange Vehicle, including the valuation we give, is solely at our discretion.
4.6.3 If we are willing to accept a Part-Exchange Vehicle in part or full payment of the Price we will provide you with a valuation for the Part-Exchange Vehicle (“Part-Exchange Valuation”) for your consideration and prior to confirmation. If, following our inspection, the Part-Exchange Vehicle does not match the Description provided by You then we reserve the right to exercise the options set out in clause 4.6.7, and we will withhold completion of the sale of the Vehicle until you have paid the difference in Price or cancelled the contract and in which case you may be charged a fee of £500 for arrangement costs.
4.6.4 You are under no obligation to accept the Part-Exchange Valuation that we provide you with prior to our inspection of the vehicle and may withdraw the Part-Exchange Vehicle from the transaction up to two days prior of completion of your order. Upon Your withdrawal of the Part-Exchange Vehicle from the transaction, we will withhold completion of your order to You until you pay the difference in Price or cancel the contract.
4.6.5 For the avoidance of doubt we are entitled to amend a Part-Exchange Valuation and reject a Part-Exchange Vehicle for any reason, including but not limited to circumstances where:
- the condition of the Part-Exchange Vehicle has changed since we provided the Part-Exchange Valuation, or the condition of the Part-Exchange Vehicle is not as stated in the description given by you;
- there is a discrepancy in the recorded mileage of the Part-Exchange Vehicle or the mileage at the time of handover is more than 500 miles higher than the mileage declared by You at the time of the Order;
- the Part-Exchange Vehicle has been subject to a total loss claim;
- any other issue is identified by an HPI check or equivalent vehicle history check on the Part-Exchange Vehicle;
- the Part-Exchange Vehicle is not your property to dispose of or you do not have the right to sell it; or
- the V5c registration documentation for the Part-Exchange Vehicle is missing, incomplete or is not in your name.
4.6.6 In the event that we reject a Part-Exchange Vehicle in accordance with Condition 4.6.5 above we are entitled at our option to:
- reject the Part-Exchange Vehicle entirely and require payment of the Price by another means; or
- provide a new Part-Exchange Valuation in relation to the Part-Exchange Vehicle.
4.6.7 When providing a Part-Exchange Vehicle to us you must provide:
- all sets of keys to the Part-Exchange Vehicle; and
- the V5c registration documentation in your name and any associated documentation (such as service books) for the Part-Exchange Vehicle; without which we will not accept the Part-Exchange Vehicle.
4.6.8 We do not store Part-Exchange Vehicles and will be unable to return your Part-Exchange Vehicle if you exercise your consumer rights or a 14-day cancellation, as outlined in section 8. In this case We will provide You with payment equivalent to the invoiced Part-Exchange Vehicle value, paid into the Bank account of the named person on the invoice only.
4.6.9 We accept no liability for loss or costs in relation to any property or modification, to the original vehicle specification that You may have completed to the Part Exchange Vehicle, which You have failed to remove from the Part Exchange Vehicle prior to completion of the order, including failure to transfer or retain a cherished registration plate via the DVLA or any aftermarket extras such as a tow bar.
SPENCERS CAR SALES WARRANTY
5.1 All Vehicles will be supplied with a 90-day Spencers Car Sales Warranty (“Warranty”). The 90-day period starts on the date of collection of the vehicle. The Warranty terms and conditions are provided to you with the Warranty paperwork.
5.2 To claim on Your Warranty you should contact our Aftersales Department
5.3 Warranty claims are subject to the terms and conditions of the warranty.
5.4 During the process of Ordering, you may choose to extend the Warranty (inclusive of the initial free 3 months cover) at extra cost. Extended Warranties are only available to purchase on vehicles up to 12 years old and up to 120,000 miles at the time the Extended Warranty is purchased and are subject to separate terms and conditions. A new car will have a manufacturer warranty.
INSURANCE AND ROAD FUND TAX
6.1 It is Your responsibility to ensure that, prior to collection, You have insured the Vehicle and paid the applicable Vehicle Excise Duty (“Vehicle Tax”) for use of the vehicle on public highways. As part of the sale contract, You will confirm that You understand that the Vehicle will not be insured or taxed by Spencers on collection and that You take full responsibility for purchasing Vehicle Tax and insurance for the Vehicle on or before the day of collection. In certain circumstances a Vehicle’s status must be changed before VED can be purchased and We will inform you of this during the Order Confirmation process.
6.2 We will offer you as part of your Order Confirmation the opportunity, upon request, to obtain free 14 day drive-away insurance by introduction to a 3rd party insurer, subject to acceptance by them. We bear no liability for acceptance and You must have completed the insurance proposal and acceptance process set out by the 3rd party insurer for valid insurance to be provided. You should receive a cover note to confirm insurance is in place prior to the collection of your vehicle. The insurance and any cover agreed will be a matter between you and the Insurer. Wilsons’ role will be limited to that of an introducer only.
6.2 Notwithstanding clause 6.1 above, if You are collecting a New or Used Car at our site, Spencers Car Sales, We will not release the New or Used Car to you until You have provided Us with a copy of Your valid insurance certificate or cover note for the New or Used Car.
COLLECTION
7.1 Vehicle collection can only be made from our Spencers Car Sales site outlined in your order.
7.2 If you wish to cancel your order you must notify us by email and phone at least two working days before you collect your vehicle.
7.3 The Vehicle shall remain in Our beneficial ownership until full payment for the Vehicle has been received by Us, a sale contract signed by You has been received by Us, and proof of address and identity has been accepted by Us. The risk in the Vehicle shall pass to You upon completion of the order.
7.4 Time for collection shall not be of the essence and You shall have no right to damages or to cancel the order for failure for any cause beyond our reasonable control to meet any collection date stated.
7.5 Mileage of the Vehicle may increase if we have to drive the vehicle for any service tests or road tests.
7.6 If You fail to collect the Vehicle within 7 days of notification that the Vehicle is available for collection, We shall be entitled to treat the contract as repudiated by You. We shall then be entitled to dispose of the Vehicle and reserve the right to offset and recover from You, by way of damages, any loss or expense including storage and depreciation costs which We may suffer or incur as a result of Your default.
7.7 We reserve the right to charge You a Missed Collection Charge of £200 per instance to compensate Us for costs incurred for a failure by You to collect the vehicle.
7.8 Missed Collection Charges will be waived should You provide in writing a minimum of 24 hours’ notice of Your inability to collect on the agreed date.
7.9 If We are unable to provide your vehicle originally agreed then we will contact you to inform you of the delay and agree a timescale for this to be completed.
RIGHT TO CANCEL
8.1 NOTIFICATION OF CANCELLATION REQUEST
8.1.2 To exercise your right to cancel you are required to provide us with a Cancellation Request either in writing, by email to [email protected] or by telephone on 01603 266000. If you request a cancellation via telephone, We may require You to provide an additional written confirmation of your request. Postal requests should be sent to Spencers Car Sales, Unit 32, Ramirez Road, Rackheath, Norwich, NR13 6GD. You must provide proof of posting.
8.1.3 To make a Cancellation request in writing (post or email) please use the following format
I/We [*] hereby give notice that I/We [*] request the cancellation of my/our contract of sale for the following goods [Registration Number / Make / Model] including associated products.
Vehicle ordered on [date DD/MM/YY] / collected on [DD/MM/YY],
Name of consumer(s),
Address and Postcode of consumer(s),
Signature of consumer(s) (only if this form is completed on paper),
Date of request [date DD/MM/YY]
[*] Delete as appropriate
NOTIFICATIONS AND COMPLAINTS
9.1 At Spencers our aim is to ensure that you are entirely happy with your purchase. However, should you need to raise a complaint then You should do so at the earliest opportunity by [email protected] calling our dedicated sales team, on 01603 266000 or writing to us at Spencers Car Sales, Unit 32 Ramirez Road, Rackheath, Norwich, NR13 6GD, you must provide proof of postage.
For us to assist in resolution of Your complaint please make clear the nature of Your complaint, the registration of Your vehicle (if relevant) and Your contact details.
9.2 COMPLAINT HANDLING AND RESOLUTION
9.2.1 We will use the following process to address your complaint:
Step 1 - Acknowledgement
Spencers will provide written acknowledgement of your complaint within five working days.
Step 2 - Progress
Your designated Customer Care representative will keep you updated on the progress of your complaint.
Step 3 - Response
You will be contacted by a member of staff from Spencers with our final response and the reasons for providing this within 28 days of receiving your complaint.
We aim to resolve all complaints within the timescales outlined above. However, if a complaint is complex in nature, it may be necessary to extend the time limit.
If you wish to register your complaint in writing, please address all letters to Customer Care to ensure that they are received by a member of the Customer Care team. Email [email protected] or write to us at Spencers Car Sales, Unit 32 Ramirez Road, Rackheath, NR13 6GD, you may require proof of postage.
9.2.2 In certain circumstances, if You are unhappy with Our final response - You may be able to refer Your complaint to the Financial Ombudsman Service or an Alternative Dispute Resolution service. Details of Your rights will be provided to You as appropriate in Your case. If You wish to refer Your complaint to the Financial Ombudsman Service, this must be done within 6 months of Our final response letter.
Financial Ombudsman Service
Exchange Tower
London
E14 9SR
Telephone: 0300 123 9123
Email: [email protected]
LIMITATION OF LIABILITY
10.1 Spencers will not have any liability for any of the following losses: loss of profits or revenues; loss of contract or business opportunities; loss of goodwill; loss of data, loss of income; increased costs or expenses; or any indirect, special or consequential loss or damage that may arise by reason of any breach of these Terms and Conditions or breach of any implied warranty, condition or other term, any representation or any duty of any kind imposed on Spencers by operation of law, except as expressly provided in these Terms and Conditions. Nothing in this clause is intended to exclude or limit Spencers liability for death or personal injury caused by its negligence or that of its employees, agents or subcontractors; or fraud or fraudulent misrepresentation by it or its employees or any other liability that cannot be excluded or limited by law. The entire liability of Spencers under or in connection with this contract shall not exceed the price of the Used Car, except as expressly provided in these Terms and Conditions.
STATUTORY RIGHTS
1 Nothing in these Terms and Conditions affects Your legal rights under the Consumer Rights Act 2015 or Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You can find out about your rights as a consumer by contacting the Citizens Advice Consumer Service on 0808 223 1133.
ASSIGNMENT
12.1 The contract is personal to You and You may not without the prior written consent of Spencers assign or dispose of it. Spencers shall be entitled at any time to assign the contract in whole or in part.
FORCE MAJEURE
13.1 Spencers shall not be liable for any delay in or failure to perform its obligations under these Terms and Conditions if that delay or failure is caused by circumstances beyond its control, including strikes, lockouts or other industrial disputes (whether involving the workforce of Spencers or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractor, health or any other emergency.
SEVERANCE
14.1 If any provision (or part of any provision) in these Terms and Conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part shall to the extent required, be deemed not to form part of these Terms and Conditions and the validity and enforceability of the other provisions of these Terms and Conditions or the sale contract shall not be affected.
NO RELATIONSHIP OR AGENCY
15.1 Nothing in these Terms and Conditions is intended to create, or shall operate to create, the relationship of principal agent or employer and employee or a joint venture or partnership between the parties.
ENTIRE AGREEMENT
16.1 These Purchase Terms and Conditions and the sale contract contain the entire agreement between the parties relating to the subject matter of the contract, and (in relation to that subject matter) supersedes all prior agreements, arrangements, statements and understandings.
GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions and the sale contract shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Our 14 Day Return
18.1 You may return the Car to us within 14 days from the day after the date of Delivery or Collection using our 14-day money back guarantee (the Guarantee). If you paid for the Car using a Finance Agreement, you may use the Guarantee provided that the Car meets the Return Conditions set out in section below.
18.2 If you wish to return the Car in accordance with the Guarantee, you may notify us by calling us on 01603 266000 or emailing [email protected] The customer experience team will arrange a date in which you can return the vehicle. Vehicles cannot be collected.
18.3 You should notify us that you are exercising the right to cancel no later than 5pm on the day the Guarantee period expires (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, 5pm on the next day that is not included on this list).
18.4 If you choose to return the Car under the Guarantee:
18.4.1 if you paid for the Car in full by an American Express, Visa or Mastercard debit or credit card, we will repay to you the Purchase Price of the Car to the same card originally used to pay for the Car; or
18.4.2 if you paid for the Car using a Finance Agreement,
a) we will repay to you the deposit which you paid to us; and
b) we will repay the remainder of the Purchase Price to the finance provider with whom you entered into a Finance Agreement; and/or
18.5 if you have sold a Part Exchange Car to us in part payment of the Car, we will not be able to return the Part Exchange Car to you. We will include an amount equal to the valuation of the Part Exchange Car in the amount to be repaid to you (subject to the Part Exchange Car meeting the requirements set out in section 10);
18.5.1 we will deduct from the money paid to you:
a) any amounts which we are permitted to charge you, because of the condition in which you returned the Car to us; and
b) £500, which we will hold pending you returning the most recent V5C registration document to us in accordance with section 12.6. We need the V5C to be returned because the value of the Car will reduce without it; and
18.6. we will repay any money owed to you within 14 days of you informing us that you wish to return the Car. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.
18.7 You are entitled to use the Car to determine the nature, characteristics and functioning of the Car. We consider this use to be similar to two short test drives which you would receive if you were buying a Car from a dealer face to face. You must not use the Car after notifying us that you are cancelling the Agreement and you must insure to keep the Car in good condition from the date of Delivery or Collection. We are entitled to charge you if the value of the Car has reduced as a result of excessive use by you or any damage you caused to the Car. We may charge you:
18.8 if the Car has been driven for more than 100 miles since Delivery or Collection, a fee equal to £1.00 for each mile driven in excess of 100 miles (Excess Mileage Payment); and/or
18.9 if the value of the Car has been reduced because it is not in the condition it was in at Delivery or Collection, our reasonable costs to repair the Car so that it is in the condition it was in at Delivery or Collection (Damage Payment).
For the purposes of this section (18.8) we will record the mileage on the Car at Delivery or Collection and this mileage will be conclusive in determining whether you have driven the Car more than 100 miles since Delivery or Collection.
18.10 You must send the most recent V5C registration document showing you as the registered keeper to us by recorded delivery within 14 days of you informing us that you wish to return the Car. You will bear the cost of the recorded delivery. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
18.11 Subject to the V5C being received within 14 days of you informing us that you wish to return the Car, we will repay you the £500 we retained as described in section above within 14 days of us receiving the V5C. If you fail to return the V5C registration document, we may charge you a fee of £500 as the value of the Car will reduce without the V5C registration document (V5C Fee) and we will retain the £500 referred to as payment by you to us for the V5C Fee.
18.12 If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you then we will tell you how much you owe us (Outstanding Amount) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.
18.3 If you paid for the Car in full by an American Express, Visa or Mastercard debit or credit card (either directly or through Apple Pay), you confirm to us that, on collection, the Car:
is free from all charges or claims from any third party including a finance provider;
18.3.1 is owned by you;
18.3.2 is in the same condition as on Delivery or Collection except for any reasonable wear and tear; and
18.3.3 has not been involved in an accident since Delivery or Collection.
18.3.4 if you use the Guarantee we will collect the Car from you on the date agreed with you. You must also give to us:
18.3.5 all copies of the Car's keys;
18.3.6 the Car's service history (if any);
18.3.7 the Car's MOT certificate (if any);
18.3.8 the Car's user manuals (if any);
18.3.9 any accessories there may be such as a locking wheel nut, radio fascia or remote controls, SD card and/or charging cables (if you have a plug-in car); and
18.3.10 and any other documents or items which we gave to you at Delivery or Collection in relation to the Car.
You are responsible for the removal of your personal belongings or the deletion of personal data from the car prior to returning the vehicle in the same manner as for a Part Exchange Car
18.4 If you need to rearrange the date and time of your return, you must contact the customer experience team before 12pm on the day before your agreed return collection date. If you rearrange the day of returning the vehicle to us more than once or you ask to change the date and time of your return after 12pm on the day before your agreed delivery return date, we may charge you a fee of £150. You must return the Car as soon as possible and at the latest within 14 days of you giving notice to cancel.
18.5 You remain responsible for the Car and any and all fines, charges, penalties or congestion charges incurred while the vehicle was in your possession, until it is returned, and you must ensure that the Car is insured with a fully comprehensive insurance policy until returned.
18.6 If you have paid for the Car using a Finance Agreement, you may return the Car to us using the Guarantee provided that the Car meets the following conditions:
18.6.1 the Car is not driven for more than 100 miles since Delivery or Collection;
18.6.2 no alterations or modifications whatsoever have been made to the Car;
18.6.3 the Car is in the same condition as it was at Delivery or Collection (except fair wear and tear); and
18.6.4 the Car is free from all charges or claims from any third party including a finance provider
We refer to these conditions as the Return Conditions.
18.6.5 If you have paid for the Car using a Finance Agreement and the Car does not meet the Return Conditions then we may, in our absolute discretion, allow you to use the Guarantee. If you meet the Return Conditions or we allow you to use the Guarantee, you must also tell the finance provider that you wish to withdraw from your Finance Agreement. We will not notify the finance provider for you.
Your right of withdrawal (if you have paid for the Car using a Finance Agreement)
1 Where you have paid for the Car by entering into a Finance Agreement with the Lender, you may have a right to withdraw from the Finance Agreement without giving any reason. You should refer to the terms of your Finance Agreement for more information on your right to withdraw from the Finance Agreement.
19.2 If you exercise your right of withdrawal, you will withdraw from the Finance Agreement only. You will be required to pay the amount of credit plus interest to the Lender in accordance with the terms of the Finance Agreement. When you have repaid the Lender the amount of credit plus interest you will own the Car. You should contact the Lender for more information on the right of withdrawal.
If you have a concern with the Car
20.1 If you have any questions or complaints about the Car or the service provided by us, please contact us. You can telephone our customer service team on 01603 266000 or write to us at [email protected].
Summary of your legal rights.
We are under a legal duty to supply cars that are in conformity with this Agreement. Nothing in this Agreement will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.
