Terms & Conditions of Sale
(Nothing in this document shall restrict the statutory rights of a consumer)
- These terms and conditions are intended to contain all the terms of the agreement between us (Dorset Sports Cars) and you (as the purchaser) relating to sale and purchase of the vehicle, services or part(s) described in relevent documents, hereinafter the “Agreement”. Please note that any reference to us, we or ours in this agreement refers to Dorset Sports Cars. If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing. If we agree any variation in the Goods to be supplied, this shall be deemed to be an amendment to this agreement rather than a new agreement.
- You must provide us with any information we need in order to comply with money laundering legislation and guarantee the accuracy of the information so supplied.
- If this agreement relates to the purchase of a vehicle, you may arrange for a finance company to purchase it from us for the Purchase Price within 7 days of being notified that it is ready for delivery. The vehicle will then be delivered to the order of such finance company and all the references to delivery of the vehicle shall be constructed accordingly. When the finance company purchases the Vehicle, clauses 4 to 5, 8 to 15 and 18 to 20 inclusive of this agreement shall cease to apply. The provisions of this agreement relating to part exchange allowance and any deposit paid under this agreement to the finance company on your behalf.
- The purchase price is the price for goods, including where applicable accessories, vehicle excises duty, delivery and VAT, current at the date of the order. If the rate or amount of VAT or vehicle excise duty changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
- If the manufacturer or the importer or other supplier of the goods changed the recommended price after you have ordered them but before delivery, we will notify you of any revision we propose to make to the purchase price. If we propose an increase in the purchase price, or decrease which is less than the decrease in recommended price, you may give notice within 14 days cancelling this agreement, in which case clause 14 shall apply. If we do not receive notice of cancellation within this period, the purchase price will be amended as proposed.
- Any deposits which you pay to us will be credited towards the price of your vehicle. Deposits are non-refundable. A refund of your deposit will only apply pursuant to clauses 5, 9 & 14.
PART EXCHANGE VEHICLE
- If we have agreed to accept a part exchange at an agreed value in a part payment of the purchase price, we shall only be bound to do so if the part exchange vehicle is: -
- free from any hire purchase agreements, charges or other encumbrances (together “Encumbrances”) which you did not disclose to us before the date of order;
- delivered to our place of business before we deliver the goods to you; and
- in the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us at is was when we examined it before agreeing the part exchange allowance.
- free from any problems or difficulties except those specifically brought to our attention when we agreed to accept the part exchange vehicle; and you have full title to the part exchange vehicle. If you fail to satisfy any of the above conditions, we will not be obliged to accept the part exchange vehicle or to allow the part exchange allowance against the purchase price and you may be required to pay the full purchase price before you can take delivery
- The Part Exchange Vehicle must be delivered with all the keys, alarm fobs, documents, service books and other items that we specify on or before the day you collect your vehicle from us or have it delivered to you. From the date you deliver it to us we are the legal owners of the Part Exchange Vehicle, and from that date we shall be responsible for all loss of or damage to the Part Exchange Vehicle.
- If the payment required to release the part exchange vehicle is absolutely from any encumbrances is greater than the amount you disclosed to us before the date of order, or if the part exchange vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced part exchange allowance and accept the part exchange vehicle.
- Whilst we will endeavour to deliver the goods by the estimated delivery date, we will not be liable for any claim for compensation of any description arising out of a delay in delivery due to reasons beyond our control. In the event of such delay, we will contact you to agree an alternative delivery date.
- We may give you notice cancelling this agreement at any time before delivery if the manufacturer ceases to make the model or specification of the goods, or if we are unable to obtain them from the importer or other supplier, and clause 14 will apply.
- If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer at your option either to substitute a reasonable equivalent or to delete the accessory from this agreement and adjust the purchase price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory, and shall not be entitled to cancel the agreement.
- If we fail to deliver the goods within 42 days of estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 14 days of receipt of such notice, you may give us notice cancelling the agreement and clause 14 will apply.
- We will inform you when goods are ready for delivery, and you must pay the purchase price (less any deposit and/or part exchange allowance) and take delivery within 14 days of being so informed. All payments must be made by a method (such as payment card, automated payment, building society cheque, bankers draft, cash, CHAPS etc) agreed with us in advance. Where we have agreed to accept a personal cheque, the cheque must be received no less than five banking days before delivery. If you fail to pay the purchase price and take delivery within 21 days of being informed that the goods are ready for delivery, we may give you notice cancelling the agreement and clause 15 shall apply.
- If this agreement related to the purchase of a vehicle then, except as permitted by clause 3, you may not assign the agreement to any other person and may not resell the vehicle for commercial purposes within four months of its delivery. A resale within that period shall be deemed to be for commercial purposes unless, at the date of the agreement, you did not intend to resell the vehicle. You warrant that you have no such intention and, if we discover before delivery that this warrant is untrue, we may give you notice cancelling the agreement, in which event clause 15 will apply.
- If we cancel the agreement pursuant to clause 9, or if you cancel the agreement pursuant to clauses 5 or 11 we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you.
- If we cancel the agreement pursuant to clauses 12 or 13, we will endeavour to sell the vehicle to another person. If it is not sold within reasonable time, we will sell it at auction. Within 7 days of the date of sale, we will give you a statement showing the sales price and any additional costs we have incurred in reselling the vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sales price and the additional cost of resale). If our loss is greater than your deposit, you must pay us the difference within 7 days. We will provide copies of any receipts if you request them.
TRANSFER OF OWNERSHIP AND RISK
- The goods will continue to belong to us until the total purchase price has been paid in full. You will, however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared. Ownership of the part exchange vehicle will transfer to us when you take delivery of the goods.
- If the goods are new, we undertake that any pre-delivery work specified by the manufacturer will be carried out and they will be sold with the benefit of the manufacturer warranty.
- The Manufacturer Warranty is additional to your statutory rights and is not affected by any change of ownership of the goods. Remedial work under the manufacturer warranty may also be carried out by any other dealer or service workshop in the European Economic Area authorised directly or indirectly by the manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the purchase price. We will supply you with a full copy of the manufacturer warranty terms on delivery of the vehicle.
- If the good are used and being sold with a warranty in addition to the sale of goods act this will be detailed overleaf on the "order form". Full details of the warranty will be provided to you under separate cover.
- If the goods are to be supplied by the seller as roadworthy used goods at the date of delivery and the date of delivery and the sale of such goods is a consumer sale the following provision shall have effect:-
- The goods are sold subject to any conditions or warranties implied by the Sales of Goods Act 1979
- Prior to signing this order, the purchaser shall examine the vehicle and check the items set out in the purchasers certificate of examination ought to reveal, nor to any defect notified by the seller to the purchaser prior to signing this contract.
DISTANCE SELLING AND OFF-PREMISES CONTRACTS
- Cancellation Notice
If you are a consumer and this agreement has been concluded
- under an organised distance sales or service-provision scheme without the simultaneous physical presence of you and us, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded or
- in the simultaneous physical presence of you and us, in a place that is not the business premises of us,
The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of goods.
In order to cancel a contract in this way, you must provide us with written notice of cancellation via post or email and it must reach us by 6pm on the 14th day following delivery.
We cannot accept a return of the vehicle if it has been damaged, modified or altered from the condition it was delivered in.
To receive a full refund a maximum additional mileage of 15 miles from the recorded delivery mileage is allowed. If you cover any additional distance, then an excess mileage charge will be deducted from your final refund amount.
If you do change your mind you cannot use the car once you have notified us - you must still tax and insure the vehicle until it is returned to us.
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).
- If you cancel this agreement subject to clause 21, we will reimburse to you all payments received from you including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later that
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this agreement.
- You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day of which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If we have agreed to accept a part exchange vehicle at an agreed value in part payment of the purchase price, we have the option of either returning the part exchange vehicle or refunding the part exchange allowance.
- If the goods provided to you are not
- of satisfactory quality (goods are of satisfactory quality if they are of a standard that a reasonable person would think of as satisfactory, considering the description of the goods, the price and any other circumstances which may be relevant)
- fit for purpose,
- as described or
- do not match a sample,
LIMITATION OF LIABILITY
- Unless set out otherwise below, we limit for any breach of this agreement (and for any other liability arising out of or connected to this agreement) to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. The limitations of liability in this clause 21 do not apply in cases of fraud, death or personal injury.
- Unless stated otherwise in this agreement any notice to be given under this agreement must be in writing and sent by post to the address as set out in "Our Details" above, and shall be deemed to have been received in due course of post.
CONSENT AND MARKETING
- If you are an existing product or service customer prior to May 25th 2018 and have not opted out of receiving communications from us, we may contact you from time to time for marketing purposes with relevant communications about our products and services. If you are a new customer to us after May 25th 2018 and have opted in to receive communication form us, we may contact you from time to time for marketing and other purposes via the channels you have opted in to. In all cases, you have the right at any time free of charge to update these preferences and opt into or out of marketing by contacting firstname.lastname@example.org.
GOVERING LAW AND JURISDICTION
- This agreement shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the Courts of England
- You have the right to end this agreement, to do so, you should write to Dorset Sports Cars, Three Legged Cross, Wimborne, Dorset BH21 6RD. Any payments made towards the vehicle will be refunded less the deposit amount if the cancellation is not in pursuant to clause 5 or 11.
- Should you cancel this agreement, your total deposit amount will be withheld by Dorset Sports Cars and will not be refunded to you unless the cancellation notice is in accordance with clauses 5 or 11.
- If you shall become bankrupt or insolvent or make any arrangement with creditors (including an individual voluntary arrangement) or have a receiver appointed over some or all of your assets or, being a body corporate, you enter into liquidation other than for the purpose of amalgamation or reconstruction then we shall have the right to terminate any Contract with you and shall thereafter cease to have any further obligations to you under such Contract and the price for all work done and good and services rendered by us up until such point shall immediately become payable.