Terms of Business
Once agreeing to buy a vehicle from us you will be asked to pay a deposit. This means that you have entered into a contract and therefore bound to complete the purchase. If you are purchasing the vehicle as a private sale and you have not seen the vehicle until the day you take delivery then under Distance Selling Regulations, should you choose not to go ahead with the purchase for any reason, you will be entitled to a full refund of your deposit.
On the other hand, should you purchase your vehicle through your business Distance Selling Regulations do not apply.
If you have placed an order on a vehicle in our stock then should you decide to not complete the purchase even prior to seeing it, you will NOT be entitled to a refund of your deposit. This is for the reason that we have removed the vehicle from sale for you and as such we are entitled to recoup costs whether it would be for loss of profit and/or costs incurred by ourselves.
Having seen the car and been satisfied with it, and you still decide not to proceed with the sale, there are legal implications for you as you would be breaching the contract. The most likely outcome is that you will lose some or all of your deposit. However, if we have incurred costs for a higher amount than your deposit we could take you to Court to claim the difference. You may think it unfair that we can keep your deposit and/or make a court claim for our costs but the law does allow for us to be compensated for your breach of contract. In certain circumstances we may, as a goodwill gesture, be willing to hold the deposit against another vehicle you choose to purchase from us.
The amount of deposit required by us will depend upon the vehicle being purchased:
Used vehicles £500 - £1,000
Brand new styled vehicles only £2,000 (non-refundable)
Furthermore, if you have requested the vehicle to be *wrapped, then a further non-refundable deposit of £2,000 will be required by us for this bespoke service, with the remaining amount being payable upon completion.
*Please note, a vehicle wrap is a temporary external finish and as such will be subject to minor blemishes and imperfections. It will also be subject to the condition of the vehicle being wrapped. We therefore advise you to view the vehicle prior to wrapping taking place.
Buying your car on Conditional Sale or Hire Purchase
Conditional sale agreements and HP agreements are broadly similar in that a finance company will purchase the vehicle from us and then lease/hire it to you in return for fixed monthly payments. As it is the finance company who pay us, it is the finance company who becomes the owner of the vehicle. You will be the registered keeper at the DVLA and will be responsible for running costs such as tax, insurance and general maintenance of the vehicle but, until the finance is paid off in full, the finance company will retain ownership. Strictly speaking, this means that in the event of a problem with the vehicle, you should approach your finance company who will in turn, contact us. However, if you would rather approach us in the first instance, we will do our best to assist.
Your Consumer rights
As from 1 October 2015, all consumer sales are regulated by the Consumer Rights Act 2015. Prior to this date, consumers relied on the Sale of Goods Act 1979. Some of the rights are similar but there have been some changes. Whether you have purchased your vehicle outright or on finance, you will have rights under the Consumer Rights Act 2015. This act requires that the vehicle you bought is:
- Of satisfactory quality
- Fit for purpose
- As described
All of our vehicles are thoroughly checked before handover and so we believe our vehicles do meet the above requirements. However, despite our confidence in our vehicles, sometimes unforeseen problems will occur and in those rare cases, we will do what we can to resolve the matter in line with our legal obligations. If there is a problem, you might be entitled to a repair, refund, replacement or price reduction but this will depend on the circumstances.
A vehicle will not be of satisfactory quality if it falls below the standard that a reasonable person would consider satisfactory taking into account the description, the price paid and the other factors such as the age and mileage of the vehicle. As you will appreciate a used vehicle will have a certain degree of wear and tear and these are unlikely to amount to a fault.
Example – You buy a 6 year old, 58000 mile car for £7000. One week later the engine management light comes on. You are unlikely to be entitled to a refund if the cause of the light was found to be a loose connection in the electrics or if one of the spark plugs needed replacing as these items would not be unexpected for a used car of such age and mileage. However, we may replace a spark plug as a gesture of goodwill.
Short – term rights to reject under Consumer Rights Act 2015
If you experience a problem with your vehicle in the first 30 days of ownership, you can ask us to make as repair. Alternatively, in limited circumstances, you may be entitled to reject the vehicle and get a refund. To be entitled to a refund under the short term right to reject:
- Prove that the goods are not of satisfactory quality or not fit for particular purpose or not as described and
- Prove that the fault in question was present at the time of delivery.
You will not be able to seek a refund if you were made aware of the particular fault before you agreed to buy the vehicle or if you examined the vehicle and the fault was apparent on that inspection. If you wish to return the vehicle you would need to return it to our business premises at your cost.
First tier remedies under Consumer Rights Act 2015
If you experience an issue with your vehicle more than 30 days after delivery, you will not be entitled to the Short Term Right to Reject. You may instead be entitled to a repair or replacement if the vehicle is not of satisfactory quality or fit for purpose or not as described.
If you require a repair, you are legally required to give us reasonable time to complete that repair. If you choose to take the car elsewhere for a repair you cannot claim back any money that you pay out. As modern vehicles can be quite complex, any repair may require more than one visit or may mean the car will need to stay with us so that we can extensively test it. Alternatively, if safe and appropriate, we may release the car back to you to see if you are happy with the work before signing off the repair as being complete.
You will still be able to request a repair under the terms of any warranty you may have in addition to the statutory rights.
Second tier remedies under Consumer Rights Act 2015
In the unlikely event that our repair does not fix the problem or another issue appears which renders the car not of satisfactory quality or not fit for purpose or not as described, you can ask us to consider a further repair. Ultimately, if the problem cannot be rectified, then a full refund could be provided. If you wish to return the vehicle, we are entitled to deduct an amount to take account of the use you have had of the vehicle.
It always falls to you to prove that there is a fault which renders the vehicle not of satisfactory quality, not fit for particular purpose or not as described. Additionally, in the first 30 days and at any time after 6 months, it is up to you to prove that the issue was apparent at the time you took delivery. If you wish to return the vehicle, you will be required to return it to our premises at your cost.
Treating our customers fairly – Our Complaints procedure
In the unlikely event that you experience a problem, we have set out our complaints procedure herewith:
- Please contact us immediately explaining the problem fully. We cannot be held responsible for work carried out elsewhere on your vehicle.
- We will discuss the issue with you and this may involve liaising with the warranty provider or finance company.
- If you would like a repair, replacement, price reduction or refund, you will need to provide evidence of the alleged fault at time of delivery.
- If we cannot verbally agree on a solution, you will be asked to put the complaint in writing to 'email@example.com'. This maybe passed to our Legal Advisors.
- If we reach deadlock, you will be advised in writing. In that letter you will be advised of an approved Alternative Dispute Resolution provider who may be able to resolve it independently.
- If your complaint is more to do with how your finance was arranged you can refer your complaint to the Financial Ombudsman service.
Cancellation under the Distance Selling Regulations (not Applicable to Business Customers)
Ordinarily we do not run an organised distance selling scheme.
However, due to the coronavirus outbreak we need to support our valued customers by delivering your vehicle to your home.
If you have ordered and taken delivery of your vehicle without visiting our showroom and you are not buying the car in the course of your trade or business, the following cancellation clause applies:
- You have 14 days to get to know your new vehicle and to make sure it suits you. If you change your mind just let us know in writing by post Seeker House, Wingfield View, Clay Cross, Chesterfield, Derbyshire, S45 9BF or in email to firstname.lastname@example.org and to reach us by 6pm on the 14th day following delivery and we will come and collect the vehicle for a refund.
- We cannot accept a return of the car if it has been damaged, modified or altered from the condition it was delivered in.
- An excess mileage charge of £10 per mile for any mileage over 150 miles in those 14 days will apply. If you do change your mind you cannot use the car once you have notified us - but you must still tax and insure the vehicle until it is collected.
- Distance selling regulations do not apply to sale of vehicles to VAT registered businesses.
- In instances where we are selling a car/commercial to a private individual you have rights under the Distance Selling Regulations. This permits you to return the vehicle for any reason for a full refund within 14 days of purchase assuming you have not visited our premises prior to taking delivery.
This cancellation (change of mind) clause does not affect any separate rights given to you in The Consumer Rights Act 2015 or the Sale of Goods Act 1979 (as amended).