1. Interpretation
1.1 In these terms the following words have the following meanings:
“Conditions” means the terms and conditions for the supply of a Vehicle, Parts or Services by the Group to the Customer, as set out in this document.
"Consumer" means a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
“Contract” means the Contract for the sale and purchase of any Vehicle or Parts or the provision of Services.
“Customer” means the person named overleaf.
"good(s)" means a Vehicle and/or Parts or any other good(s) supplied by the Group to the Customer.
"Group" means the companies: Winchester Motor Company Limited (Company no: 01033289) whose registered office is at: 43 St. Cross Road, Winchester SO23 9PU (incorporating Solent Used Car Centre) and Garland Motors Limited (Company no: 05199857) whose registered office is at 43 St. Cross Road, Winchester SO23 9PU (incorporating Garland Used Car Centre) as applicable.
“Order” means an order by the Customer for the purchase of a Vehicle or Parts or the provision of Services which is accepted by the Group in writing, the details of which are set out overleaf.
“Parts” means any motor vehicle parts used or supplied by the Group in connection with the sale of a Vehicle or the supply of any Services (and “Part” shall be construed accordingly).
“Services” means the service and/or repair of any motor vehicle, including warranty work, or any other services carried out by the Group for the Customer.
“Vehicle” means any new or used motor vehicle sold by the Group to the Customer and every accessory to and component thereof.
1.2 Any reference to a clause (unless otherwise stipulated) is reference to a clause of these Conditions. Clause headings are for convenience only and shall not affect the interpretation of these Conditions.
1.3 A reference to one gender includes a reference to the other genders and a reference to the singular includes the plural and vice versa.
1.4 A reference to writing and written shall include emails.
2. The Contract Specification and Orders
2.1. The Vehicle or Parts will be sold or Services will be supplied by the Group to the Customer on these Conditions and in accordance with the Order.
2.2 No other terms and conditions including, without limitation, any variation to these Conditions shall apply unless set out in writing and signed by the Customer and the Group.
2.3 The Customer understands and confirms that any employee or agent of the Group has no authority to make any representation about the Vehicle, Parts or Services nor shall the Group be liable for any advice or recommendations given by it or its employees or agents to the Customer as to the Vehicle, Parts or Services, unless such advice is confirmed by the Group in writing.
2.4 Any error or omission in any document or information issued by the Group or other person relating to the Vehicle, Parts or Services shall be subject to correction by, and without any liability on the part of, the Group.
2.5 The Customer shall be responsible for checking the accuracy of any Order (including any Vehicle specification).
2.6 If the manufacturer or supplier of the Vehicle or Parts stops making goods of that type, the Group may (whether the estimated delivery date has arrived or not) give the Customer written notice to cancel the Contract and return any deposit paid to the Group.
2.7 If the manufacturer or supplier of any Vehicle or Parts alters the specification of, any Vehicle or Parts, the Group reserves the right (without any further liability on the part of the Group) to:
(a) deliver in satisfaction of the Contract a Vehicle or Parts conforming to the manufacturer’s or supplier’s specification prevailing at the time of delivery; or
(b) fit another Part; or
(c) cancel the Contract and refund to the Customer (as applicable) either any deposit or part exchange allowance paid by the Customer to the Group.
2.8 The Group shall ensure that any pre-delivery work specified by the manufacturer or supplier of the Vehicle is carried out and shall use all reasonable endeavours to obtain for the Customer the benefit of any warranty or guarantee given by the manufacturer or supplier to the Group. In respect of any accessories fitted or supplied by the Group, the Customer will be entitled to the benefit of any warranty given by the manufacturer of those accessories.
2.9 An Order shall not be cancelled by the Customer, except in accordance with these Conditions or with the agreement in writing of the Group.
3. Reserving a Vehicle
3.1 Certain Vehicles can be reserved online using the Group's website. The Customer must pay a holding deposit to confirm the reservation.
3.2 Subject to clause 3.4, once the holding deposit has been paid the Customer must contact the Group within 48 hours. The Group will exclusively reserve the Vehicle for the Customer until the car showroom is open again.
3.3 Subject to clause 3.4, the holding deposit will be repaid to the Customer in full if:
(a) the Customer fails to contact of the dealership within 48 hours; or
(b) the Customer decides not to purchase the Vehicle.
3.4 The Group will notify the customer when the showroom is open again and available for an inspection. The Customer's exclusivity period will be extended accordingly.
3.5 If, after inspecting the Vehicle, the Customer agrees to purchase the Vehicle then the amount of the holding deposit held by the Group will be deducted from the sale price of the Vehicle.
3.6 For the avoidance of doubt, a Vehicle reservation is not an Order.
4. Buying with Finance Online
4.1 If you decide to place an order and buy on finance, you will be asked to enter your personal details and address, and then fill in a finance application online. You must be over 18 to apply for finance, and acceptance is subject to status. In some circumstances a guarantee may be needed.
4.2 When you click “submit application”, we send your information to MotoNovo Finance Limited plc via Codeweavers (our finance technology provider) who will review your eligibility for the finance package requested. As part of this review, MotoNovo Finance will conduct credit checks and searches. Please note that if you apply for a finance package but are unsuccessful this may affect your credit rating and/or credit score. The same applies if your application is successful but we are unable to confirm your order, and you choose not to proceed with an alternative vehicle.
4.3 If your finance application has been successful you will be notified on screen, but please note that this does not mean that your order has been accepted. Your order merely constitutes an offer to enter into your chosen finance package, subject to these Terms and the terms of the finance agreement. Even if your finance application is approved, there may be circumstances in which we are unable to accept your order. If this is the case, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified or because we suspect the transaction may be fraudulent.
4.4 If your application has not been successful, we will contact you offline verbally or by email to notify you that your application has been declined and we will seek alternative lenders.
4.5 We will be in touch with you by email or phone regarding the next steps required to complete your purchase. These steps will include signature of your finance agreement, payment of any deposit, and if applicable, arrangements regarding the part-exchange of your vehicle.
4.6 Once we and MotoNovo Finance have confirmed acceptance of your offer, you will be sent an order confirmation by email. At that point a contract will be formed between you, us and MotoNovo Finance for the finance and use of your new vehicle.
5.0 Paying in Full Online
5.1 If you decide to place an order and pay in full, you will be asked to enter your personal details, address and payment card information. When you click on “Submit Payment”, the full purchase price will be debited from your payment card immediately.
5.2 After placing an order, you will receive an email from us that acknowledges our receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the vehicle. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order (the "Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation. We will inform you of the next steps required to proceed to handover after the Order Confirmation, including arrangements regarding any part-exchange vehicle.
5.3 If we are unable to accept your order, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified, or because we suspect the transaction may be fraudulent. If we are unable to accept your order, we will refund your money in full as soon as possible via our Payment system provider.
5. Prices and Payment
5.1. The Group may require a deposit under the Contract and if so, this will be shown on the Order.
5.2 Unless there is a written agreement for a fixed price, the price for a Vehicle or Parts shall be the price applicable on delivery. If the manufacturer of a Vehicle or supplier of any Parts increases or decreases their prices between the date of the Order and the date of delivery, the Group reserves the right to amend the price for the goods. The Customer shall have the right to cancel the Contract within 14 days of such notification and receive a refund of any deposit paid. If the Customer does not cancel, the amended price shall be the new Contract price.
5.3 No allowance can be made for any part of the standard equipment supplied with a Vehicle which the Customer does not wish to take.
5.4 Any figure provided in the Contract for car tax is provided as guidance only. Notwithstanding the sum for car tax specified in the Order, the sum payable by the Customer shall be such sum as the Group has legally had to pay in respect of the Vehicle.
5.5 The price for the provision of Services shall be the price applicable on completion of such Services.
5.6 Any price estimates given by the Group in respect of the supply of Services shall be provisional and treated as an estimate only. The Group shall use reasonable endeavours to obtain the authority of the Customer where the total price for the provision of Services is likely to be a substantial divergence from any estimate previously given.
5.7 All prices shall be payable together with VAT (at the current prevailing rate upon the date of delivery) and (where appropriate) delivery, transport and insurance charges. In the event, the rate of VAT has risen between the date of order and the date of delivery, the Customer shall be liable to pay the difference.
5.8 Unless otherwise agreed in writing prior to delivery payment in full and cleared funds for the sale of a Vehicle, Parts or the supply of Services shall be made prior to, or on the date of, the Customer taking delivery of the Vehicle.
5.9 Time for payment of all sums shall be of the essence and failure by the Customer to pay in accordance with the provisions of this clause 4 shall entitle the Group, without prejudice to its right to damages, to suspend any outstanding deliveries or provision of Services or to cancel the Contract.
5.10 If the Customer fails to pay any sum due on the due date for payment the Group shall be entitled to charge the Customer interest at the rate of 4% a year above the National Westminster Bank Base Rate from time to time in force, accruing on a daily basis, until payment is made in full. Such interest shall be payable both before and after any legal judgement the Group may obtain against the Customer.
5.11 The Customer shall not be entitled to withhold payment of any sums after they have become due by reason of any right of set off or counter-claim or for any reason whatsoever.
5.12 In addition to the Group’s lien for repairs, the Group shall have a general lien on all property of the Customer in the possession of the Group pending payment of all sums due under the Contract and after 14 days written notice shall have the right to sell any of the Customer’s property as agent for and at the expense of the Customer and apply all proceeds of sale towards payment of such sums.
6. Part Exchange
6.1 Where the Group agrees to allow part of the price of the Vehicle to be discharged by the Customer delivering a used vehicle in part exchange to the Group, in consideration of such allowance, it is agreed that:
(a) the Customer is the legal owner of the used vehicle and that the used vehicle is the absolute property of the Customer and that no outstanding credit is owed in relation to it. If the used vehicle is subject to outstanding credit or other encumbrance capable of cash settlement by the Group, then the allowance shall be reduced by the amount required to be paid by the Group in settlement thereof;
(b) the Group's acceptance of the Customer's offer in relation to part payment for the Vehicle is only valid if the Customer's used vehicle is delivered in the same condition as when the Group examined it;
(c) the Customer warrants that the used vehicle has not been previously classified as an insurance write-off, involved in an accident or otherwise seriously damaged, save as disclosed to the Group and that the stated mileage is accurate; and
(d) the Group shall notify the Customer when the Vehicle shall be ready for collection and the Customer shall deliver the used vehicle to the Group, together with any documentation requested by the Group, on or before this date and property in the used vehicle shall pass to the Group absolutely at this point.
6.2 If the conditions set out in 5.1 above are not met, the Group will not accept the Customer's used vehicle in part exchange and the Customer shall pay the full price for the Vehicle.
6.3 If for any reason the purchase of the Vehicle does not proceed, the Group shall be under no obligation to complete the purchase of the part exchange vehicle.
6.4 If the Vehicle to be supplied to the Customer, through no default on the part of the Group is not delivered to the Customer within 30 days of the estimated delivery date, the Group shall be entitled to deduct an amount for extra depreciation of the Customer's used vehicle, which shall not exceed 2.5% of the agreed value for each complete 30 day period.
6.5If the Customer arranges for a finance company to purchase the Vehicle from the Group and if the Customer has offered and the Group has accepted a used vehicle as part-payment, the Group shall inform the finance company how much money has been agreed by it to be deducted from the price of the Vehicle for the used vehicle and what deposit the Customer has paid.
7. Delivery
7.1 In the absence of any express agreement, delivery shall take place by the Customer collecting the Vehicle, Customer’s vehicle or Parts from the Group’s place of business, following the Group’s notification that the Vehicle, Customer’s vehicle or Parts are ready for collection.
7.2 Any dates specified by the Group for delivery of Vehicles, Parts or Services are intended to be an estimate only and shall not be of the essence unless previously agreed in writing between the parties.
7.3 Except where delay is caused by circumstances beyond the Group's reasonable control, the Customer shall be entitled to cancel the Contract and receive repayment of their deposit if delivery has not taken place within 28 days of the date of the Order, unless the Customer has agreed otherwise, orally or in writing to accept a later delivery. Where delay is caused by circumstances beyond the Group's reasonable control, it shall not be liable for any damages related to the delay and in such circumstances, the Group shall contact the Customer and either agree an alternative estimated date for delivery or the Customer may cancel the Contract, in which case any deposit paid shall be returned in full.
7.4 If for any reason the Customer does not accept delivery when, as applicable, the Vehicle, the Customer’s vehicle or the Parts are ready for collection, or the Group is unable to deliver on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
(a) such goods will be deemed to have been delivered;
(b) the risk in the applicable goods will pass to the Customer; and
(c) the Group may store such goods until delivery takes place in which case the Customer will be liable for all related costs and expenses (including without limitation, storage and insurance).
7.5 If the Customer fails to take delivery for the Vehicle or Parts within 21 days of notification that the goods are ready for delivery, the Group may treat the Contract as cancelled, re-sell the Vehicle or Parts and retain any deposit paid by the Customer.
8. Risk andRetention of Title
8.1 Risk in the Vehicle or Parts shall pass to the Customer from the time of delivery.
8.2 Any Vehicle or Parts supplied by the Group to the Customer shall remain the sole and absolute property of the Group until the Customer has paid to the Group in cash or cleared funds the full price for the goods, together with all other charges or interest that may be due to the Group under the Contract. Until payment in full is made, the Customer acknowledges that they are in possession of any goods solely as agent for the Group.
8.3 Until the Customer becomes the owner of the Vehicle or Parts, the Customer shall:
(a) store, protect and maintain the Vehicle or Parts in a manner which makes them readily identifiable as the property of the Group and shall keep them insured to their full replacement value;
(b) not pledge or in any way charge as security for any indebtedness any Vehicle or Parts;
(c) deliver up the Vehicle or Parts to the Group if the Customer becomes subject to one of the events set at in clauses 11.1.4 - 11.1.6 or otherwise upon demand by the Group and if the Customer fails to do so forthwith the Group shall have the right to enter upon the premises of the Customer or any third party where such Vehicle or Parts are stored and repossess them. The Customer shall indemnify the Group against any liability which the Group may incur in connection with the taking or attempting to take possession of them; and
(d) only sell the Vehicle or Parts as agent for the Group, holding the entire proceeds of sale in trust for the Group and readily identifiable as the Group's monies.
9. Customer's Legal Rights - Consumers Only
9.1 Where the Customer is a Consumer, the Group is under a legal duty to supply goods and services that are in conformity with the Contract. See 8.2 and 8.5 below for a summary of a Consumer's legal rights. For detailed information please contact Citizens Advice.
9.2 The Consumer Rights Act states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the good, a Consumer's legal rights entitle them to the following:
(a) up to 30 days: if the goods are faulty, an immediate refund;
(b) up to 60 days: if the goods cannot be repaired or replaced, a full refund, in most cases; and
(c) up to 6 years: if the goods do not last a reasonable length of time, the Consumer may be entitled to some money back.
9.3 If the Vehicle supplied by the Group is a used Vehicle it shall be sold as roadworthy at the date of delivery and subject to any defects notified by the Group and accepted by the Customer in writing. The implied conditions of satisfactory quality and fitness for purpose do not operate in relation to such accepted defects.
9.4 If the Customer (being a Consumer) wishes to exercise their legal rights to reject goods supplied, they must either return them in person or allow us to collect them (at the Group's cost).
9.5 The Consumer Rights Act states that a Consumer can ask the Group to repeat or fix a Service if its not carried out with reasonable care and skill, or get some money back if the Group cannot fix it.
9.6 If the Customer (being a Consumer) uses the goods or Services for any commercial, business or re-sale purpose, the Group shall have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity of the Customer.
10. Group’s Liability
10.1 Nothing in these Conditions excludes or limits the Group’s liability for:
(a) death or personal injury resulting from its negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) for any matter which it would be illegal for the Group to exclude or attempt to exclude its liability.
10.2 The Group shall not be liable to the Customer for any delay or failure to perform any of the Group’s obligations under the Contract, if the delay or failure was beyond the reasonable control of the Group including but not limited to an act of God, legislation, war, fire, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a trade dispute or owing to any inability to procure materials required for its performance of the Contract.
10.3 Where the Customer is not a Consumer and subject to clause 9.1 above:
(a) all representations (other than fraudulent misrepresentations), warranties, conditions or other terms which are either expressly given or implied by statute or common law are excluded from the Contract and the Group shall not be liable for any loss or damage whether caused by the negligence of the Group, its servants or agents or however caused;
(b)the Group’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price of the Vehicle, Parts or Services (as applicable) under the Contract; and
(c) the Group shall in no circumstances whatsoever be liable for any loss of profit, loss of business or production, depletion of goodwill or any similar loss or damage or any indirect or consequential loss or damage, costs, claims and expenses whatsoever which arise out of or in connection with the Contract.
11. Manufacturer’s Warranty
Each Vehicle and any Parts supplied by the Group under the Contract have the benefit of a manufacturer’s warranty. A copy of the full terms and conditions are available upon request.
12. Termination Following Customer’s Default
12.1 If any of the following events occur, the Group may:
(a) cancel the Contract; or
(b) suspend any further supply of any Vehicle or Parts; or
(c) discontinue the performance of any Services; or
(d) cancel any credit arrangements; and
the price for each Vehicle or all Parts ordered (whether or not delivered) and for all Services that have been performed shall become immediately due and payable if the Customer:
12.1.1 fails to pay any sum due on the due date under this or any other contract made with the Group; or
12.1.2 breaches any other term of the Contract (other than clause 11.1.1 above) and (if capable of remedy) fails to remedy the breach within 7 days of receipt of a notice from the Group requiring the Customer to do so; or
12.1.3 dies (if an individual) or ceases to carry on business (if a business Customer); or
12.1.4 is unable to pay its debts within the meaning of the Insolvency Act 1986 or a petition is presented for bankruptcy or an interim order; or
12.1.5 makes any arrangement with its creditors or convenes a meeting of its creditors, a proposal is made for a voluntary arrangement or any scheme or arrangement for the benefit of creditors; or
12.1.6 an administrator, receiver, or administrative receiver is appointed over any of its assets, or a petition is presented for an administration or winding up order.
13. Data Protection
The Group shall comply with all applicable data protection legislation and only use the Customer's personal data as set out in its privacy policy. A copy of which can be found on the Group's website.
14. General
14.1 Any communications or notices between the parties shall be in writing and may be delivered: (i) by hand or first class post and addressed to the addressee at its address overleaf or registered office or principal place of business (in the case of a business Customer); or (ii) by e-mail to the e-mail address stated overleaf.
14.2 All such communications (in the absence of proof of earlier receipt) shall be deemed to be received:
(a) if sent by post, 2 days (excluding Saturdays, Sundays and bank holidays in England) after posting (exclusive of the date of posting);
(b) if delivered by hand, on the day of delivery; and
(c) if sent by email, on a working day prior to 4pm, at the time of transmission and otherwise on the next working day.
14.3 These Conditions represents the entire agreement between the parties and supersede any previous terms and conditions issued by the Group relating to the subject matter of these Conditions.
14.4 The Customer shall not assign the Contract.
14.5 Any failure by the Group to exercise any of its rights shall not be a waiver of the Group’s rights. If any of the provisions in the Contract are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected.
14.6 The parties to the Contract do not intend that any provision of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.7 The Contract shall be governed in accordance with English Law and all disputes relating to it shall be decided by the English Courts.
15. Right of Cancellation for Contracts Made at a Distance - Consumers Only
15.1 If, and only if, the Customer is a Consumer and where the Contract has been entered into away from the Group's business premises and/or without any face to face contact between the parties; or anyone acting on the respective parties' behalf, the Customer may give notice to cancel the Contract within 14 days without giving any reason.
15.2 This cancellation period shall expire (in the case of goods) 14 days after the day on which the Customer, or an authorised third party on the Customer's behalf, takes delivery or otherwise acquires physical possession of the Vehicle or Parts. In the case of Services, the cancellation period shall expire 14 days from the day of conclusion of the Contract. To exercise this right of cancellation, the Customer must inform the Group of their decision to cancel in writing to the Group's business address as set out overleaf. The Customer may use the attached model cancellation form at the end of these Conditions if they wish to do so, but this is not obligatory.
15.3 To meet the cancellation deadline, it is sufficient for the Customer to send their written communication before the cancellation period has expired.
15.4 If the Customer cancels the Contract, the Group shall reimburse all payments received from the Customer under this Contract, no later than 14 days after the day on which the Group received the Vehicle or Parts back or if no Vehicle or Parts were supplied, 14 days after the day on which the Customer informed the Group of their decision to cancel. The Group shall make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise.
15.5 The Customer should return the Vehicle or Parts to the Group without undue delay and in any event, no later than 14 days after the day on which the Customer communicates their cancellation to the Group and shall bear the cost of return.
15.6 The Customer must take responsible care for the Vehicle or Parts whilst in their possession and be responsible for any loss or damage until the goods are returned to the Group. The Customer shall be liable for any diminished value of the Vehicle or Parts resulting from the Customer's handling, other than what is necessary to establish the nature, characteristics and functioning of the Vehicle or Parts. The Group will typically view any alteration, modification or personalisation of the Vehicle or driving the Vehicle for more than 100 miles as going beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle. If the Vehicle is returned having been driven more than 100 miles, the Customer will be liable to pay £0.25 per mile driven over 100 miles.
15.7 If the Vehicle is made to the Customer's specification or clearly personalised then the Customer does not have the right to cancel the Contract in accordance with this clause 14.
15.8 On cancellation, any related credit agreement or other ancillary contract will also be cancelled.
15.9 If the Group has agreed to accept a used vehicle from the Customer in part exchange and the Customer cancels the Contract in accordance with this clause 14, then the Group reserves the right to either:
(a) return the part exchange vehicle to the Customer;
(b) request that the Customer collects the part exchange vehicle from the Group;
(c) pay to the Customer a sum of money equal to the amount of the part exchange valuation and retain the part exchange vehicle;
and the Group may invoice the Customer for any sums paid to third parties to discharge any charges or third party interests on the part exchange vehicle, in addition to the above, as necessary.
15.10 In the case of Services, if the Customer expressly requests the Group to begin the performance of the Services during the cancellation period, the Customer shall pay to the Group an amount which is in proportion to that which has already been performed when the Customer communicated to the Group their cancellation from the Contract, in comparison with the full coverage of the Contract.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To- Garland Motors Used Car Centre, 20 Waterloo Road, Aldershot, Hampshire, GU12 4NU – Tel 01252 367373- email - tony@garlandmotorsusedcarcentre.co.uk.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate