Terms & Conditions of Use
These terms and conditions are valid as of 31/05/2020. We review our terms and conditions regularly and encourage you to check this page often if our terms and conditioons concern you.
- These terms and conditions govern your use of our web site; by using our web site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our web site.
Licence to use web site
- Unless otherwise stated, we or our licensors own the intellectual property rights in the web site and material on the web site. Subject to the licence below, all these intellectual property rights are reserved.
- You may view, download for caching purposes only, and print pages from the web site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
- You must not:
- republish material from this web site (including republication on another web site);
- sell, rent or sub-license material from the web site;
- show any material from the web site in public;
- reproduce, duplicate, copy or otherwise exploit material on our web site for a commercial purpose;
- link to images or other content on this web site;
- edit or otherwise modify any material on the web site; or
- redistribute material from this web site except for content specifically and expressly made available for redistribution (such as our newsletter).
- You must not use our web site in any way that causes, or may cause, damage to the web site or impairment of the availability or accessibility of the web site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our web site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy ware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our web site without our express written consent.
- You must not use our web site to transmit or send unsolicited commercial communications.
- You must not use our web site for any purposes related to marketing without our express written consent.
- We do not warrant the completeness or accuracy of the information published on this web site; nor do we commit to ensuring that the web site remains available or that the material on the web site is kept up-to-date.
- To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this web site and the use of this web site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- To the extent that the web site and the information and services on the web site are provided free-of-charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the web site, prohibiting you from accessing the web site, blocking computers using your IP address from accessing the web site, contacting your internet service provider to request that they block your access to the web site and/or bringing court proceedings against you.
- We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our web site from the date of the publication of the revised terms and conditions on our web site. Please check this page regularly to ensure you are familiar with the current version.
- We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
- These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
- These terms and conditions constitute the entire agreement between you and us in relation to your use of our web site, and supersede all previous agreements in respect of your use of this web site.
Law and jurisdiction
- These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
The full name of our company is:
Dorset Sports Cars Limited
Our trading address is:Dorset Sports Cars Limited
Three Cross Garage
99 Ringwood Road
Three Legged Cross
We are registered in England & Wales under registration number 10615786.
Our registered address is the same as our trading address.
Our VAT number is 265 5786 59
You can contact us by email to email@example.com
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 overleaf, 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
- 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, you have the right to cancel this agreement within 14 days without giving any reason.
- If you cancel this agreement subject to clause 20, 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.