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CARSHOP WEBSITE USAGE - TERMS AND CONDITIONS

Terms & Conditions

Welcome to the CarShop Website. This Agreement is a legal document and describes the conditions of use applicable to Your use of the Website and the Services. Please read this Agreement carefully. By accessing the Website You agree to be bound by this Agreement. These terms and conditions were last amended on 12th October 2011 and are effective.

1. Definitions

1.1 In this Agreement the following words and expressions shall have the following meanings:-

"Agreement" this agreement together with the Privacy Policy.

"Content" the general content contained in the Website and the content contained as part of the Services.

"CarShop", "We" & "Us" is Car Shops Limited whose registered office is at Ravens Way, Crow Lane Industrial Estate, Little Billing, Northampton, NN3 9UD.

"Particulars" Your personal information submitted by You to CarShop from time to time.

"Privacy Policy" the privacy policy set out and provided on our Website which forms part of this Agreement.

"Services" the services, including without limitation, the provision details of motor vehicle available for sale by CarShop, access to news and events, the facility to register for news releases and stock alerts, to book appointments and test drives through the Website.

"Trade Marks" the Word and Logo and all other trade marks (whether registered or unregistered), business names or logos used in the Website from time to time.

"Website" the website owned and operated by CarShop which can be viewed at http://www.carshop.co.uk/ plus additional related URLs owned and operated by CarShop.

"Word and Logo" the word "CarShop" and the CarShop logo.

"You & Your" any user of the Website.

1.2 Headings in this Agreement are only for convenience and shall not affect its construction.

2. Provision of Services

2.1 Motor Vehicle Search Facility

2.1.1 The facility offered by CarShop for You to view details of motor vehicles available for sale is provided solely for information only and to provide You with a facility to research the CarShop Motor Vehicle Database. CarShop accepts no responsibility for the availability and/or non-availability of any motor vehicle sourced on the CarShop Motor Vehicle Database and performance and/or non-performance of a contract entered into between CarShop and You for the purchase of a motor vehicle, which You have sourced, from the CarShop Motor Vehicle Database. Customers statutory rights are not affected.

2.1.2 The display of motor vehicle particulars including without limitation, specifications, mileage quotations and/or prices on the Website or otherwise are for information only and shall not constitute an offer by CarShop to sell, supply or deliver any motor vehicle. If You are interested in purchasing a motor vehicle You have sourced from the CarShop Motor Vehicle Database then please contact CarShop by telephone, e-mail, online communications or visit the relevant CarShop dealership.

2.1.3 All figures and prices are correct at the time of online publication. Prices are subject to change without notice. Online pricing may differ from prices available on site. Whilst Errors and Omissions Excepted.

2.2 Latest News

2.2.1 The information contained in the latest news section is intended to be for information only. CarShop accepts no responsibility for any damage and/or loss suffered by You as a result of Your reliance on such news items.

2.2.2 Any news items provided by third parties shall be the views expressed by such third parties and CarShop accepts no responsibility for such views. CarShop makes no representations as to the fitness for a particular purpose of any Services available through the Website.

2.3 Finance & Insurance Quotes

2.3.1 Any finance and/or insurance quotes provided on the Website are for information only.

2.3.2 Finance and/or insurance is available subject to status and written quotations.

2.3.3 For the avoidance of doubt no finance and/or insurance quote shall be deemed to incorporate an offer by CarShop and/or the relevant finance and/or insurance provider.

2.3.4 Your Use of Content and the Website

2.3.4.1 You agree to use the Content for personal use only. This means that You may view, browse and print the Content. You may also download one copy of the Content into cache on a single computer for personal and non-commercial home use, provided that You shall retain all credits and copyright notices associated with such Content.

2.3.4.2 You agree to comply with all applicable laws and regulations when using the Website. You must not use the Website to send any e-mails for chain letters, commercial solicitation, mass mailing, or any form of spam or other mass mailings.

2.3.4.3 You may not reproduce, distribute, transmit or otherwise exploit the Content in any way. In particular, You may not include the Content in any other publication or on any other Website or computer network otherwise than in accordance with the limited reproduction permission set out at paragraph 4 and/or the prior written permission of CarShop. In addition, You must abide with all other terms, conditions and restrictions contained in any other agreement associated with the Content.

2.3.4.4 CarShop reserves the right to amend and/or remove at any time any Content from the Website.

2.3.4.5 CarShop shall be entitled to amend at any time in its absolute discretion the terms of this Agreement and Privacy Policy by posting the same on the Website in amended form with a note of the date on which the relevant document was last amended and the date when such amendments shall take effect. Your continued use of the Website after the date any amendments shall take effect shall be construed as Your acceptance to such amendments.

3. Registration and Particulars

3.1 Use by You of certain Services, including without limitation, the facility to receive news releases and stock alerts, to receive further information about a particular motor vehicle and to book appointments and test drives will require You to submit Your Particulars to CarShop.

3.2 The Particulars You submit to CarShop will only be used in relation to the Services and in accordance with the Privacy Policy.

3.3 You hereby undertake to update Your Particulars on the Website and/or notify CarShop immediately in writing by letter, fax or e-mail in the event of any change in Your Particulars.

3.4 CarShop will not collect sensitive personal information relating to your sex, health, racial or ethnic origin, political or religious beliefs without Your explicit consent.

3.5 Your particulars will be shared by CarShop for all purposes relating to the Services and marketing and research purposes and may be disclosed to and used by associated companies of CarShop and other organisations for marketing and research purposes unless You have signified that You do not consent to such use when you submit Your Particulars. CarShop will not disclose Your Particulars for any other purpose or transferred outside the European Union without Your express or implied consent (except where required by law).

3.6 CarShop will keep Your Particulars in a secure environment and shall at all times use reasonable endeavours to comply with the Data Protection Act [1984] and 1998.

3.7 If You do not wish to receive any further marketing information or wish to update or correct any inaccuracies in Your Particulars please notify CarShop by contacting CarShop in the manner described in the Privacy Policy.

4. Ownership of the Website and Copyright Notice

4.1 The Content on the Website is protected by UK and International copyright and is the copyright of © Car Shop 2001 2003 2005 2006 unless otherwise stated. Reproduction of any of the Content is prohibited other than in accordance with the limited reproduction permission set out at paragraph 4. All rights are reserved.

4.2 Except as expressly provided in this Agreement. You may not copy, reproduce, re-publish, lease, sub-licence, download, post, broadcast, transmit, modify, create works from, or in any way, commercially exploit any of the Content.

In particular but without limiting the generality of the above, You may not do any of the following without the prior written permission of CarShop:

4.2.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);

4.2.2 remove the copyright or trademark notice from any copies of the Content made available through the Website;

4.2.3 create a database in electronic or manual form by systematically downloading and storing all or any of the Content;

Requests to re-publish or re-distribute any Content should be addressed to the address set out at Paragraph 1.

4.3 You acknowledge that the Trademarks are trademarks of CarShop and that You may not use them without the prior written permission from CarShop.

4.4 The names of other products and services referred to on the Website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Website without the prior written consent of the owner of the relevant trademark.

4.5 UK and International copyright law prohibits any copying, dissemination and/or transmitting of any Content from the Website unless You have the permission of CarShop.

4.6 In the event that any Content is used without obtaining prior permission from CarShop You will be notified and invoiced of the appropriate fee for unauthorised usage.

5. Misuse of the Services

5.1 CarShop reserves the right to suspend or terminate Your rights of access to the Services You may have registered for at any time.

6. Suspension of Services

6.1 From time to time the Services in whole or in part may be closed down for routine repair or maintenance work.

7. Warranty

7.1 CarShop will use its reasonable skill and care to ensure that the Content is accurate and up to date.

7.2 CarShop shall use its reasonable skill and care in providing the Services and will use reasonable endeavours to make the Website available for use by You at all times but will have no liability whatsoever for any direct, indirect or consequential loss arising from delay or failure to provide the Services and/or Website or for any loss of data which may result from delays, failure of deliveries or service interruptions including (but without limitation to) those arising from errors or omissions on the part of You or from levels of usage which are unusually large and which have the effect of causing disruption or delays in the operation of the Website.

7.3 CarShop does not warrant that the Website and/or Services are error and/or virus free or operate without interruption or are compatible with all equipment and software configurations. CarShop gives no warranty whatsoever as to the quality of information received through the Website.

7.4 CarShop makes no representations as to the fitness for a particular purpose of any Services available through the Website.

7.5 The warranties in this Paragraph 7 shall be the full extent of CarShop's liability in respect of the provision of the Website and/or Services and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise are hereby excluded to the fullest extent permitted by law.

7.6 The warranties in this Paragraph 7 shall be subject to You complying with Your obligations under this Agreement and all other relevant agreements and to You having used the Website and/or Services strictly in accordance with the instructions of CarShop.

8. Limitation of Liability

8.1 The Content is only for general information and use and is not intended to address Your particular requirements. You should not rely on the Content in making any specific decisions.

8.2 CarShop will not be liable for any of the following losses which may arise by reason of any breach of the express terms of this Agreement or to the extent that they have not been excluded by Paragraph 7, any implied warranty, condition or other term, any representation or any duty of any kind imposed on CarShop by operation of law: indirect; incidental; consequential; income; data; use; information; increased costs or expenses; profit; business; contracts or revenues from savings.

8.3 CarShop has not vetted and nor does it accept responsibility for the contents of any of the websites accessible via hyperlinks from the Website and does not accept any duty of care in respect of and nor does it make any representation express or implied in relation to the accuracy or reliability of the contents of any link website; nor does the existence of any link constitute any implied endorsement of any website, its sponsor, its products or its services not should any views expressed on that website be taken to reflect the views of CarShop.

9. Non-Assignment

9.1 This Agreement is personal to You and You may not without the prior written consent of CarShop assign or dispose of it. CarShop shall be entitled to assign this Agreement in whole or in part.

10. Force Majeure

10.1 CarShop shall not be liable for any delay in or failure to perform its obligations under this Agreement if that delay or failure is caused by circumstances beyond its control, including without limitation fires, strikes, insurrection, riots, embargoes, inability to obtain supplies, refusal or revocation of licence of regulations of any civil or military authority.

11. Entire Agreement

11.1 This Agreement contains the entire agreement and understanding between the parties relating to the subject matter of this Agreement, and (in relation to that subject matter) supersedes any and all prior agreements, arrangements, statements and understandings.

12. Supervening Illegality and Severance

12.1 If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.

13. Privacy Policy

13.1 The Privacy Policy forms part of this Agreement, and by agreeing to the terms of this Agreement You also give consent to the way CarShop may handle Your Particulars. CarShop shall only use the Particulars in accordance with Paragraph 3.

15. No Relationship

15.1 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal agent or employer and employee or a joint venture or partnership between the parties.

16. Governing Law

16.1 This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.

THE CARSHOP PRIVACY POLICY

Version

This Privacy Policy was last amended on 12th October 2011 and is effective thereafter.

Privacy Policy

CarShop is committed to protecting your privacy, and at the same time we endeavour to use any data we collect from you to provide the best possible service. This privacy policy describes how we collect and use your personal data.

The CarShop website is a UK based website and takes reasonable care to comply with requirements of the UK Data Protection Act 1998 with regard to the personal information you supply on this site. The CarShop site uses a security system that protects your information from unauthorised use.

However, as no data transmissions over the Internet can be guaranteed to be 100% secure we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. We may occasionally modify this Privacy Statement, such variations becoming effective immediately upon posting to the website and by continuing to use the website, you will be deemed to accept any such variations.

Please note that we do provide links to other sites, which may not be governed by this Privacy Policy and you should view the particular privacy policies of those sites for further information.

Data collection via web forms & email

This site collects personal data from you via web forms, and also via email addresses we provide so that you contact us with enquiries and send us your details.

You submit information using these methods voluntarily, and agree to the use of the personal data you provide as described in this policy.

If you give us personal information about somebody else, such as a colleague, we will assume you have their permission to do so, and their data will also be subject to this policy.

Data collection via cookies

We may also collect personally identifying information using cookies. Sometimes cookies are required as part of this site's operation. We will not collect personal data about you using cookies outside of this purpose.

If you prefer not to allow the use of cookies, you can change the configuration of your browser to either warn you when you receive a cookie, or to automatically reject them. You may find, however, that disabling cookies means certain areas of the site do not function correctly.

Data usage

CarShop will use the data you supply to answer an enquiry or to administer an ongoing commercial relationship. We will also be required to pass your information to third parties such as the DVLA for vehicle licensing purposes, warranty and product providers for registration purposes and any other personal body having a legal right to your personal data.

We will also use your data to tell you about changes to the site, new information, or products and services offered by CarShop that we think you will find valuable. You can choose not to receive this information by sending a blank email to the quality@carshop.co.uk with the subject 'No Car Shop information'.

We do not share, sell, trade or rent your personal data outside of the CarShop group. We may choose to do so in future with selected third parties whose products and services we think you will find interesting. You can choose not to receive this information by sending a blank email to the quality@carshop.co.uk with the subject 'No 3rd Party Information'.

Version 1.0 12.10.11

FULL TERMS AND CONDITIONS

Acceptance of Terms

  1. Welcome to the Terms and Conditions for CarShop ("Agreement"). By entering in to a contract with Us either by face to face transaction at one of Our Places of Business, or transacting using the CarShop website or any other form of Distance Contract, You agree to abide by this Agreement and by Our Privacy Policy. These are legally binding agreements between You and Us.

Definitions

    1. "We", "Us", "Our" and "CarShop" shall refer to Car Shops Limited whose registered number is 5331512 and registered office is Ravens Way, Crow Lane Industrial Estate, Northampton, NN3 9UD.
    2. "You" and "Your" shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
    3. "Goods" are used vehicles supplied by Us plus any ancillary products or services.
    4. "Secured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Hire Purchase, Personal Contract Purchase and any other form of funding provided by a Financial Institution that uses the Goods as a form of security.
    5. "Unsecured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Personal Loan, Motor Loan and any other form of funding provided by a Financial Institution that does not require any security being invoked on the Goods.
    6. Satisfactory "Merchantable Quality" is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect your rights pursuant to the SOGA.
    7. "Payment Method" is by Bankers Draft, Credit/Debit card, Bank Transfer or Finance Company Transfer if a Secured Finance or Unsecured Finance agreement is in place. Cash payments in excess of £500 will only be accepted on the sole discretion of Us and may require a satisfactory source of funds verification to be made. Card holder not present transactions will only be accepted up to a value of £1,000 and for payment of a deposit amount only. Credit cards will be subject to a 2% levy charge to cover processing costs.
    8. "SOGA" is the Sale of Goods Act 1979 (as amended).
      • "Place of Business" represents any place where We trade with face to face interaction with You and Our Goods are presented for retail to the general public.
    9. "Distance Contract" represents any form of sale conducted by Us to You that does not include any face to face contact from (and including) an initial order being raised on a vehicle until the time of delivery of the Goods at which point Our contract is concluded. In these cases the contract is governed by both the Consumer Protection (Distance Selling) Regulations 2000 and Distance Marketing Regulations 2004 as appropriate.

Privacy

  1. Your privacy is important to Us. Please review Our Privacy Policy, which also governs Your visit to CarShop, to understand Our practices.

Orders and Deposits

  1. In You placing an order it enables Us to remove a vehicle from retail sale to the general public and allocate a reserved status. To do this a deposit is required from You, the amount of the deposit required is subject to variation at the sole discretion of Us and will be not less than £99 for online vehicle reservations and not less than £300 (typically £450) for vehicle reservations made over the phone or in-store. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 5 days.
    1. If You are reserving a vehicle via the electronic facilities on Our website carshop.co.uk (or any other url used under license by Us) then You have an obligation to be in contact with Us via one of Our stipulated methods within 24 hours of placing the reservation. Failure to do so will result in Us acting in good faith in assuming that Your intention is to rescind the transaction. As a result, the vehicle will be removed from reserved status and any monies deposited as cleared funds in Our bank account will be returned, in full, to Your original source of funds.
    2. If You are reserving a vehicle that you have not had the opportunity to inspect, be it either by way of a Distance Contract or if we are requested by You to move a vehicle from one Place of Business to another. You are entitled to a full refund of the deposit monies less any administrative fees as defined in clause 10. These monies will be returned by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
    3. In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have reserved a vehicle, You are entitled to a full refund of the deposit monies less any administrative fees as defined in clause 10. These monies will be returned to You by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.

Payment

  1. The deposit having been paid upon the placing of an order then the balance payable (or as the case may be, the sum required to complete any initial payment to a Finance Company) is to be paid by You or if applicable the 3rd party Finance Company prior to delivery of the Goods.

Delivery

  1. Delivery of the Goods is to be taken at Our Place of Business within 7 days of notification to You that the vehicle is ready for delivery. The Goods shall remain in Our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to You upon delivery. If You request Us to relocate a vehicle from one Place of Business to another We reserve the right to charge You the reasonable costs incurred in completing the transfer, typically being £50. These costs will be notified in writing to You prior to the transfer being made and will be in addition to Your deposit requirements. This transfer charge will be non refundable.
  2. Under Distance Contracts and in exceptional circumstance at Our sole discretion We will arrange and agree a delivery to Your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. In all instances a delivery charge will be made, the amount of which will be determined in line with the distance required to move the vehicle from Our Place of Business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT.

Delay in Delivery

  1. We will use Our best endeavours to secure delivery of the Goods on the desired delivery date or dates in accordance with Clauses 6 and 7, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.

Transfer of Deposit

  1. Not withstanding Your rights defined by clause 4 if You fail to pay and take delivery of the Goods within 7 days of notification that the Goods are available for delivery We shall be at liberty to treat the contract as repudiated by You. We shall then be entitled to dispose of the Goods 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. These costs will typically be £50 per day up to a maximum in line with your initial deposit amount paid. The deposit can however be transferred by You in full to another vehicle on Your request at any time within 90 calendar days from the point at which this contract is repudiated.

Administration Fees

  1. We reserve the right to charge an Administration Fee of £300 per instance to compensate Us for costs incurred for a failure by You to meet an agreed appointment made with Us that was previously confirmed in writing (including email). The Administration fee will be waived should You provide in writing a minimum of 24 hours notice of Your inability to meet the agreed appointment. An appointment includes agreed dates and times to view a vehicle that has been ordered and also appointments to take delivery of the Goods.

Part Exchange / Our Used Vehicle Purchases from You

  1. Where We agree to allow part of the price of the Goods to be paid by You delivering a used vehicle to Us, such used vehicle shall be delivered and accepted upon the following conditions:
    1. That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 250 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in Part Exchange or under the used vehicle purchase scheme are subject to acceptance and confirmation in writing by Us.
    2. That where the used vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
    3. You will disclose to Us whether the used vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
    4. If this agreement is cancelled after Your used vehicle has been delivered to Us, We later may cancel the agreement to purchase Your used vehicle, provided that, if We have before cancellation sold or thereafter sell the used vehicle You shall be entitled to the profit or shall bear the loss (as the case may be) on the resale of Your used vehicle (in calculating this profit or loss Our reasonable selling expenses shall be taken into account).
    5. If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 11(b) or 11(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within 30 days of you sending notice to cancel this agreement either under clauses 15, 16, 17 and 18 or in line with your statutory rights.
    6. That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 30 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
    7. That if Your vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable) We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 7 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security.
    8. That if Your used vehicle, due to the vehicle age requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then You must notify CarShop prior to Our collection of Your vehicle. Failure to do this will result in CarShop being unable to collect Your vehicle and We will treat this as a failed appointment invoking clause 10 of this agreement.
  2. We may agree to purchase Your used vehicle even if you do not choose to purchase a vehicle from CarShop. In these instances your responsibilities under clause 11 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a CarShop employee or representative of the CarShop. A purchase from You in this way will be subject to an administration fee of £50 for vehicle values up to £5,000 and £75 thereafter.
  3. We may agree to purchase Your used vehicle under a Distance Contract. In these instances your responsibilities under clause 11 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a CarShop employee or representative of the CarShop.

Lowest Price Guarantee

  1. If You buy a car from CarShop and find the same car available locally within 48 hours at a lower price we will offer to refund the difference in price plus £10.00. This is subject to Our discretion and the following conditions;
    1. The alternative vehicle must be the same age (as determined by the year denoted on the vehicle registration number i.e "06" plate) and the same specification as the CarShop vehicle.
    2. The alternative vehicle must have the same (within 1,000 miles) or lower mileage than the CarShop vehicle. The mileage must be warranted.
    3. You must have a written quote from a VAT registered professional motor dealer, trading as a limited company from permanent premises within a 45 mile radius of Our Place of Business that delivered the Goods. The quote must be dated within 48 hours of your purchase and may not pre-date the purchase, or a CarShop representative must be able to view the vehicle 'live' on a dealer website.

7 Day Money Back Guarantee

  1. CarShop offer to all retail customers (not Trade Sales) a 7 Day Money Back Guarantee on the purchase of Your Goods. The 7 Days commence from the day after the date on which delivery takes place and are inclusive of weekends and bank holidays. To serve notice of Your intention to invoke this cancellation please see clause 18 and it is subject to the following conditions;
    1. There is a duty of care for You to return the Goods in a condition commensurate with that at the time of delivery. We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of delivery.
    2. A usage charge will be applied relating to the mileage that the vehicle has been driven under Your ownership, representing the increase in miles during the period between delivery of the vehicle to You and the subsequent return of the vehicle, as evidenced by the odometer at the time of return and the original mileage as documented at the point of delivery. The mileage charge will be;
    3. Miles Driven Usage Charge
      First 5 miles (0-5) No charge
      Next 20 miles (6-25) £10 per mile
      Next 50 miles (26-75) £5 per mile
      All additional miles £2.50 per mile
    4. If We agree to recover the vehicle we reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our closest Place of Business to Your place of residence. These charges will also be subject to VAT.
    5. All documentation provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to do so We will request security is provided in accordance with clause 11(g).
    6. An agreed location, date and time for a return or collection of a vehicle will be made in writing between You and Us which will be no more than 5 days from the notification by You of the cancellation. If You fail to return the goods at the agreed time We reserve the right to charge an administration fee in accordance with clause 10.
    7. We will refund You any amounts due after adjusting for any administration charges or other fees as soon as reasonably possible (and in any event within thirty (30) days of cancellation). If Your purchase included a part exchange vehicle please review clause 11 regarding the treatment of this.

Distance Contracts

  1. You will have the benefit of a 7 working day period (excluding weekends and bank holidays) to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the day in which the Goods were delivered to You. Notice to exercise this right needs to be provided in accordance with clause 18 and is subject to the same conditions as defined by clause 15(a) - 15(f).
  2. Should Your used vehicle be purchased by a Secured Funding or Unsecured Funding method, then You have the additional right to cancel the finance agreement for 14 calendar days commencing from the day following the date of the delivery of Your Goods. However Your contract with Us is unaffected.

Notices

  1. In order to serve notice to Us to invoke your rights to return your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of Customer Experience Manager at the address shown on your invoice or alternatively via email to quality@carshop.co.uk.

Trade Customers

  1. Trade purchasers do not qualify for the Money Back Guarantee offered under clauses 15, 16 and 17.

Pricing Errors

  1. Whilst We try to ensure that all the prices on the CarShop website and other websites We may use as marketing channels are accurate, errors may occur. If We discover an error in the price of the goods you have ordered We will inform you as soon as reasonably possible. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order with a full refund of any deposit made. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You by email. If You decide to cancel Your order after We have informed You of a pricing error and You have already paid for the Goods, We will give You a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).

Description Errors

  1. CarShop has made every effort to ensure the accuracy of the information contained in the website and other media however;
    1. Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations take place continually. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services, nor does it constitute an offer for the sale of any particular vehicle. CarShop are not agents of any manufacturer and have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.
    2. All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumption. 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 condition.
    3. Without prejudice to Your statutory rights. All information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided as is and on an is available basis without representation warranty or endorsement, express or implied. In particular, We do not warrant or represent the accuracy or completeness of information provided on the website or other media, nor do we guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs.

Other

  1. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the Sale of Goods Act 1979 (as amended), Consumer Protection (Distance Selling) Regulations 2000, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.

Jurisdiction

  1. Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.
Version 1.0 12.10.11

CARSHOP WEBSITE USAGE - TERMS AND CONDITIONS

Terms & Conditions

Welcome to the CarShop Website. This Agreement is a legal document and describes the conditions of use applicable to Your use of the Website and the Services. Please read this Agreement carefully. By accessing the Website You agree to be bound by this Agreement. These terms and conditions were last amended on 12th October 2011 and are effective.

1. Definitions

1.1 In this Agreement the following words and expressions shall have the following meanings:-

"Agreement" this agreement together with the Privacy Policy.

"Content" the general content contained in the Website and the content contained as part of the Services.

"CarShop", "We" & "Us" is Car Shops Limited whose registered office is at Ravens Way, Crow Lane Industrial Estate, Little Billing, Northampton, NN3 9UD.

"Particulars" Your personal information submitted by You to CarShop from time to time.

"Privacy Policy" the privacy policy set out and provided on our Website which forms part of this Agreement.

"Services" the services, including without limitation, the provision details of motor vehicle available for sale by CarShop, access to news and events, the facility to register for news releases and stock alerts, to book appointments and test drives through the Website.

"Trade Marks" the Word and Logo and all other trade marks (whether registered or unregistered), business names or logos used in the Website from time to time.

"Website" the website owned and operated by CarShop which can be viewed at http://www.carshop.co.uk/ plus additional related URLs owned and operated by CarShop.

"Word and Logo" the word "CarShop" and the CarShop logo.

"You & Your" any user of the Website.

1.2 Headings in this Agreement are only for convenience and shall not affect its construction.

2. Provision of Services

2.1 Motor Vehicle Search Facility

2.1.1 The facility offered by CarShop for You to view details of motor vehicles available for sale is provided solely for information only and to provide You with a facility to research the CarShop Motor Vehicle Database. CarShop accepts no responsibility for the availability and/or non-availability of any motor vehicle sourced on the CarShop Motor Vehicle Database and performance and/or non-performance of a contract entered into between CarShop and You for the purchase of a motor vehicle, which You have sourced, from the CarShop Motor Vehicle Database. Customers statutory rights are not affected.

2.1.2 The display of motor vehicle particulars including without limitation, specifications, mileage quotations and/or prices on the Website or otherwise are for information only and shall not constitute an offer by CarShop to sell, supply or deliver any motor vehicle. If You are interested in purchasing a motor vehicle You have sourced from the CarShop Motor Vehicle Database then please contact CarShop by telephone, e-mail, online communications or visit the relevant CarShop dealership.

2.1.3 All figures and prices are correct at the time of online publication. Prices are subject to change without notice. Online pricing may differ from prices available on site. Whilst Errors and Omissions Excepted.

2.2 Latest News

2.2.1 The information contained in the latest news section is intended to be for information only. CarShop accepts no responsibility for any damage and/or loss suffered by You as a result of Your reliance on such news items.

2.2.2 Any news items provided by third parties shall be the views expressed by such third parties and CarShop accepts no responsibility for such views. CarShop makes no representations as to the fitness for a particular purpose of any Services available through the Website.

2.3 Finance & Insurance Quotes

2.3.1 Any finance and/or insurance quotes provided on the Website are for information only.

2.3.2 Finance and/or insurance is available subject to status and written quotations.

2.3.3 For the avoidance of doubt no finance and/or insurance quote shall be deemed to incorporate an offer by CarShop and/or the relevant finance and/or insurance provider.

2.3.4 Your Use of Content and the Website

2.3.4.1 You agree to use the Content for personal use only. This means that You may view, browse and print the Content. You may also download one copy of the Content into cache on a single computer for personal and non-commercial home use, provided that You shall retain all credits and copyright notices associated with such Content.

2.3.4.2 You agree to comply with all applicable laws and regulations when using the Website. You must not use the Website to send any e-mails for chain letters, commercial solicitation, mass mailing, or any form of spam or other mass mailings.

2.3.4.3 You may not reproduce, distribute, transmit or otherwise exploit the Content in any way. In particular, You may not include the Content in any other publication or on any other Website or computer network otherwise than in accordance with the limited reproduction permission set out at paragraph 4 and/or the prior written permission of CarShop. In addition, You must abide with all other terms, conditions and restrictions contained in any other agreement associated with the Content.

2.3.4.4 CarShop reserves the right to amend and/or remove at any time any Content from the Website.

2.3.4.5 CarShop shall be entitled to amend at any time in its absolute discretion the terms of this Agreement and Privacy Policy by posting the same on the Website in amended form with a note of the date on which the relevant document was last amended and the date when such amendments shall take effect. Your continued use of the Website after the date any amendments shall take effect shall be construed as Your acceptance to such amendments.

3. Registration and Particulars

3.1 Use by You of certain Services, including without limitation, the facility to receive news releases and stock alerts, to receive further information about a particular motor vehicle and to book appointments and test drives will require You to submit Your Particulars to CarShop.

3.2 The Particulars You submit to CarShop will only be used in relation to the Services and in accordance with the Privacy Policy.

3.3 You hereby undertake to update Your Particulars on the Website and/or notify CarShop immediately in writing by letter, fax or e-mail in the event of any change in Your Particulars.

3.4 CarShop will not collect sensitive personal information relating to your sex, health, racial or ethnic origin, political or religious beliefs without Your explicit consent.

3.5 Your particulars will be shared by CarShop for all purposes relating to the Services and marketing and research purposes and may be disclosed to and used by associated companies of CarShop and other organisations for marketing and research purposes unless You have signified that You do not consent to such use when you submit Your Particulars. CarShop will not disclose Your Particulars for any other purpose or transferred outside the European Union without Your express or implied consent (except where required by law).

3.6 CarShop will keep Your Particulars in a secure environment and shall at all times use reasonable endeavours to comply with the Data Protection Act [1984] and 1998.

3.7 If You do not wish to receive any further marketing information or wish to update or correct any inaccuracies in Your Particulars please notify CarShop by contacting CarShop in the manner described in the Privacy Policy.

4. Ownership of the Website and Copyright Notice

4.1 The Content on the Website is protected by UK and International copyright and is the copyright of © Car Shop 2001 2003 2005 2006 unless otherwise stated. Reproduction of any of the Content is prohibited other than in accordance with the limited reproduction permission set out at paragraph 4. All rights are reserved.

4.2 Except as expressly provided in this Agreement. You may not copy, reproduce, re-publish, lease, sub-licence, download, post, broadcast, transmit, modify, create works from, or in any way, commercially exploit any of the Content.

In particular but without limiting the generality of the above, You may not do any of the following without the prior written permission of CarShop:

4.2.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);

4.2.2 remove the copyright or trademark notice from any copies of the Content made available through the Website;

4.2.3 create a database in electronic or manual form by systematically downloading and storing all or any of the Content;

Requests to re-publish or re-distribute any Content should be addressed to the address set out at Paragraph 1.

4.3 You acknowledge that the Trademarks are trademarks of CarShop and that You may not use them without the prior written permission from CarShop.

4.4 The names of other products and services referred to on the Website may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Website without the prior written consent of the owner of the relevant trademark.

4.5 UK and International copyright law prohibits any copying, dissemination and/or transmitting of any Content from the Website unless You have the permission of CarShop.

4.6 In the event that any Content is used without obtaining prior permission from CarShop You will be notified and invoiced of the appropriate fee for unauthorised usage.

5. Misuse of the Services

5.1 CarShop reserves the right to suspend or terminate Your rights of access to the Services You may have registered for at any time.

6. Suspension of Services

6.1 From time to time the Services in whole or in part may be closed down for routine repair or maintenance work.

7. Warranty

7.1 CarShop will use its reasonable skill and care to ensure that the Content is accurate and up to date.

7.2 CarShop shall use its reasonable skill and care in providing the Services and will use reasonable endeavours to make the Website available for use by You at all times but will have no liability whatsoever for any direct, indirect or consequential loss arising from delay or failure to provide the Services and/or Website or for any loss of data which may result from delays, failure of deliveries or service interruptions including (but without limitation to) those arising from errors or omissions on the part of You or from levels of usage which are unusually large and which have the effect of causing disruption or delays in the operation of the Website.

7.3 CarShop does not warrant that the Website and/or Services are error and/or virus free or operate without interruption or are compatible with all equipment and software configurations. CarShop gives no warranty whatsoever as to the quality of information received through the Website.

7.4 CarShop makes no representations as to the fitness for a particular purpose of any Services available through the Website.

7.5 The warranties in this Paragraph 7 shall be the full extent of CarShop's liability in respect of the provision of the Website and/or Services and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise are hereby excluded to the fullest extent permitted by law.

7.6 The warranties in this Paragraph 7 shall be subject to You complying with Your obligations under this Agreement and all other relevant agreements and to You having used the Website and/or Services strictly in accordance with the instructions of CarShop.

8. Limitation of Liability

8.1 The Content is only for general information and use and is not intended to address Your particular requirements. You should not rely on the Content in making any specific decisions.

8.2 CarShop will not be liable for any of the following losses which may arise by reason of any breach of the express terms of this Agreement or to the extent that they have not been excluded by Paragraph 7, any implied warranty, condition or other term, any representation or any duty of any kind imposed on CarShop by operation of law: indirect; incidental; consequential; income; data; use; information; increased costs or expenses; profit; business; contracts or revenues from savings.

8.3 CarShop has not vetted and nor does it accept responsibility for the contents of any of the websites accessible via hyperlinks from the Website and does not accept any duty of care in respect of and nor does it make any representation express or implied in relation to the accuracy or reliability of the contents of any link website; nor does the existence of any link constitute any implied endorsement of any website, its sponsor, its products or its services not should any views expressed on that website be taken to reflect the views of CarShop.

9. Non-Assignment

9.1 This Agreement is personal to You and You may not without the prior written consent of CarShop assign or dispose of it. CarShop shall be entitled to assign this Agreement in whole or in part.

10. Force Majeure

10.1 CarShop shall not be liable for any delay in or failure to perform its obligations under this Agreement if that delay or failure is caused by circumstances beyond its control, including without limitation fires, strikes, insurrection, riots, embargoes, inability to obtain supplies, refusal or revocation of licence of regulations of any civil or military authority.

11. Entire Agreement

11.1 This Agreement contains the entire agreement and understanding between the parties relating to the subject matter of this Agreement, and (in relation to that subject matter) supersedes any and all prior agreements, arrangements, statements and understandings.

12. Supervening Illegality and Severance

12.1 If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.

13. Privacy Policy

13.1 The Privacy Policy forms part of this Agreement, and by agreeing to the terms of this Agreement You also give consent to the way CarShop may handle Your Particulars. CarShop shall only use the Particulars in accordance with Paragraph 3.

15. No Relationship

15.1 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal agent or employer and employee or a joint venture or partnership between the parties.

16. Governing Law

16.1 This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.

THE CARSHOP PRIVACY POLICY

Version

This Privacy Policy was last amended on 12th October 2011 and is effective thereafter.

Privacy Policy

CarShop is committed to protecting your privacy, and at the same time we endeavour to use any data we collect from you to provide the best possible service. This privacy policy describes how we collect and use your personal data.

The CarShop website is a UK based website and takes reasonable care to comply with requirements of the UK Data Protection Act 1998 with regard to the personal information you supply on this site. The CarShop site uses a security system that protects your information from unauthorised use.

However, as no data transmissions over the Internet can be guaranteed to be 100% secure we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. We may occasionally modify this Privacy Statement, such variations becoming effective immediately upon posting to the website and by continuing to use the website, you will be deemed to accept any such variations.

Please note that we do provide links to other sites, which may not be governed by this Privacy Policy and you should view the particular privacy policies of those sites for further information.

Data collection via web forms & email

This site collects personal data from you via web forms, and also via email addresses we provide so that you contact us with enquiries and send us your details.

You submit information using these methods voluntarily, and agree to the use of the personal data you provide as described in this policy.

If you give us personal information about somebody else, such as a colleague, we will assume you have their permission to do so, and their data will also be subject to this policy.

Data collection via cookies

We may also collect personally identifying information using cookies. Sometimes cookies are required as part of this site's operation. We will not collect personal data about you using cookies outside of this purpose.

If you prefer not to allow the use of cookies, you can change the configuration of your browser to either warn you when you receive a cookie, or to automatically reject them. You may find, however, that disabling cookies means certain areas of the site do not function correctly.

Data usage

CarShop will use the data you supply to answer an enquiry or to administer an ongoing commercial relationship. We will also be required to pass your information to third parties such as the DVLA for vehicle licensing purposes, warranty and product providers for registration purposes and any other personal body having a legal right to your personal data.

We will also use your data to tell you about changes to the site, new information, or products and services offered by CarShop that we think you will find valuable. You can choose not to receive this information by sending a blank email to the quality@carshop.co.uk with the subject 'No Car Shop information'.

We do not share, sell, trade or rent your personal data outside of the CarShop group. We may choose to do so in future with selected third parties whose products and services we think you will find interesting. You can choose not to receive this information by sending a blank email to the quality@carshop.co.uk with the subject 'No 3rd Party Information'.

Version 1.0 12.10.11

FULL TERMS AND CONDITIONS

Acceptance of Terms

  1. Welcome to the Terms and Conditions for CarShop ("Agreement"). By entering in to a contract with Us either by face to face transaction at one of Our Places of Business, or transacting using the CarShop website or any other form of Distance Contract, You agree to abide by this Agreement and by Our Privacy Policy. These are legally binding agreements between You and Us.

Definitions

    1. "We", "Us", "Our" and "CarShop" shall refer to Car Shops Limited whose registered number is 5331512 and registered office is Ravens Way, Crow Lane Industrial Estate, Northampton, NN3 9UD.
    2. "You" and "Your" shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
    3. "Goods" are used vehicles supplied by Us plus any ancillary products or services.
    4. "Secured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Hire Purchase, Personal Contract Purchase and any other form of funding provided by a Financial Institution that uses the Goods as a form of security.
    5. "Unsecured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Personal Loan, Motor Loan and any other form of funding provided by a Financial Institution that does not require any security being invoked on the Goods.
    6. Satisfactory "Merchantable Quality" is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect your rights pursuant to the SOGA.
    7. "Payment Method" is by Bankers Draft, Credit/Debit card, Bank Transfer or Finance Company Transfer if a Secured Finance or Unsecured Finance agreement is in place. Cash payments in excess of £500 will only be accepted on the sole discretion of Us and may require a satisfactory source of funds verification to be made. Card holder not present transactions will only be accepted up to a value of £1,000 and for payment of a deposit amount only. Credit cards will be subject to a 2% levy charge to cover processing costs.
    8. "SOGA" is the Sale of Goods Act 1979 (as amended).
      • "Place of Business" represents any place where We trade with face to face interaction with You and Our Goods are presented for retail to the general public.
    9. "Distance Contract" represents any form of sale conducted by Us to You that does not include any face to face contact from (and including) an initial order being raised on a vehicle until the time of delivery of the Goods at which point Our contract is concluded. In these cases the contract is governed by both the Consumer Protection (Distance Selling) Regulations 2000 and Distance Marketing Regulations 2004 as appropriate.

Privacy

  1. Your privacy is important to Us. Please review Our Privacy Policy, which also governs Your visit to CarShop, to understand Our practices.

Orders and Deposits

  1. In You placing an order it enables Us to remove a vehicle from retail sale to the general public and allocate a reserved status. To do this a deposit is required from You, the amount of the deposit required is subject to variation at the sole discretion of Us and will be not less than £99 for online vehicle reservations and not less than £300 (typically £450) for vehicle reservations made over the phone or in-store. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 5 days.
    1. If You are reserving a vehicle via the electronic facilities on Our website carshop.co.uk (or any other url used under license by Us) then You have an obligation to be in contact with Us via one of Our stipulated methods within 24 hours of placing the reservation. Failure to do so will result in Us acting in good faith in assuming that Your intention is to rescind the transaction. As a result, the vehicle will be removed from reserved status and any monies deposited as cleared funds in Our bank account will be returned, in full, to Your original source of funds.
    2. If You are reserving a vehicle that you have not had the opportunity to inspect, be it either by way of a Distance Contract or if we are requested by You to move a vehicle from one Place of Business to another. You are entitled to a full refund of the deposit monies less any administrative fees as defined in clause 10. These monies will be returned by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
    3. In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have reserved a vehicle, You are entitled to a full refund of the deposit monies less any administrative fees as defined in clause 10. These monies will be returned to You by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.

Payment

  1. The deposit having been paid upon the placing of an order then the balance payable (or as the case may be, the sum required to complete any initial payment to a Finance Company) is to be paid by You or if applicable the 3rd party Finance Company prior to delivery of the Goods.

Delivery

  1. Delivery of the Goods is to be taken at Our Place of Business within 7 days of notification to You that the vehicle is ready for delivery. The Goods shall remain in Our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to You upon delivery. If You request Us to relocate a vehicle from one Place of Business to another We reserve the right to charge You the reasonable costs incurred in completing the transfer, typically being £50. These costs will be notified in writing to You prior to the transfer being made and will be in addition to Your deposit requirements. This transfer charge will be non refundable.
  2. Under Distance Contracts and in exceptional circumstance at Our sole discretion We will arrange and agree a delivery to Your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. In all instances a delivery charge will be made, the amount of which will be determined in line with the distance required to move the vehicle from Our Place of Business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT.

Delay in Delivery

  1. We will use Our best endeavours to secure delivery of the Goods on the desired delivery date or dates in accordance with Clauses 6 and 7, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.

Transfer of Deposit

  1. Not withstanding Your rights defined by clause 4 if You fail to pay and take delivery of the Goods within 7 days of notification that the Goods are available for delivery We shall be at liberty to treat the contract as repudiated by You. We shall then be entitled to dispose of the Goods 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. These costs will typically be £50 per day up to a maximum in line with your initial deposit amount paid. The deposit can however be transferred by You in full to another vehicle on Your request at any time within 90 calendar days from the point at which this contract is repudiated.

Administration Fees

  1. We reserve the right to charge an Administration Fee of £300 per instance to compensate Us for costs incurred for a failure by You to meet an agreed appointment made with Us that was previously confirmed in writing (including email). The Administration fee will be waived should You provide in writing a minimum of 24 hours notice of Your inability to meet the agreed appointment. An appointment includes agreed dates and times to view a vehicle that has been ordered and also appointments to take delivery of the Goods.

Part Exchange / Our Used Vehicle Purchases from You

  1. Where We agree to allow part of the price of the Goods to be paid by You delivering a used vehicle to Us, such used vehicle shall be delivered and accepted upon the following conditions:
    1. That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 250 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in Part Exchange or under the used vehicle purchase scheme are subject to acceptance and confirmation in writing by Us.
    2. That where the used vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
    3. You will disclose to Us whether the used vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
    4. If this agreement is cancelled after Your used vehicle has been delivered to Us, We later may cancel the agreement to purchase Your used vehicle, provided that, if We have before cancellation sold or thereafter sell the used vehicle You shall be entitled to the profit or shall bear the loss (as the case may be) on the resale of Your used vehicle (in calculating this profit or loss Our reasonable selling expenses shall be taken into account).
    5. If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 11(b) or 11(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within 30 days of you sending notice to cancel this agreement either under clauses 15, 16, 17 and 18 or in line with your statutory rights.
    6. That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 30 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
    7. That if Your vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable) We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 7 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security.
    8. That if Your used vehicle, due to the vehicle age requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then You must notify CarShop prior to Our collection of Your vehicle. Failure to do this will result in CarShop being unable to collect Your vehicle and We will treat this as a failed appointment invoking clause 10 of this agreement.
  2. We may agree to purchase Your used vehicle even if you do not choose to purchase a vehicle from CarShop. In these instances your responsibilities under clause 11 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a CarShop employee or representative of the CarShop. A purchase from You in this way will be subject to an administration fee of £50 for vehicle values up to £5,000 and £75 thereafter.
  3. We may agree to purchase Your used vehicle under a Distance Contract. In these instances your responsibilities under clause 11 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a CarShop employee or representative of the CarShop.

Lowest Price Guarantee

  1. If You buy a car from CarShop and find the same car available locally within 48 hours at a lower price we will offer to refund the difference in price plus £10.00. This is subject to Our discretion and the following conditions;
    1. The alternative vehicle must be the same age (as determined by the year denoted on the vehicle registration number i.e "06" plate) and the same specification as the CarShop vehicle.
    2. The alternative vehicle must have the same (within 1,000 miles) or lower mileage than the CarShop vehicle. The mileage must be warranted.
    3. You must have a written quote from a VAT registered professional motor dealer, trading as a limited company from permanent premises within a 45 mile radius of Our Place of Business that delivered the Goods. The quote must be dated within 48 hours of your purchase and may not pre-date the purchase, or a CarShop representative must be able to view the vehicle 'live' on a dealer website.

7 Day Money Back Guarantee

  1. CarShop offer to all retail customers (not Trade Sales) a 7 Day Money Back Guarantee on the purchase of Your Goods. The 7 Days commence from the day after the date on which delivery takes place and are inclusive of weekends and bank holidays. To serve notice of Your intention to invoke this cancellation please see clause 18 and it is subject to the following conditions;
    1. There is a duty of care for You to return the Goods in a condition commensurate with that at the time of delivery. We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of delivery.
    2. A usage charge will be applied relating to the mileage that the vehicle has been driven under Your ownership, representing the increase in miles during the period between delivery of the vehicle to You and the subsequent return of the vehicle, as evidenced by the odometer at the time of return and the original mileage as documented at the point of delivery. The mileage charge will be;
    3. Miles Driven Usage Charge
      First 5 miles (0-5) No charge
      Next 20 miles (6-25) £10 per mile
      Next 50 miles (26-75) £5 per mile
      All additional miles £2.50 per mile
    4. If We agree to recover the vehicle we reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our closest Place of Business to Your place of residence. These charges will also be subject to VAT.
    5. All documentation provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to do so We will request security is provided in accordance with clause 11(g).
    6. An agreed location, date and time for a return or collection of a vehicle will be made in writing between You and Us which will be no more than 5 days from the notification by You of the cancellation. If You fail to return the goods at the agreed time We reserve the right to charge an administration fee in accordance with clause 10.
    7. We will refund You any amounts due after adjusting for any administration charges or other fees as soon as reasonably possible (and in any event within thirty (30) days of cancellation). If Your purchase included a part exchange vehicle please review clause 11 regarding the treatment of this.

Distance Contracts

  1. You will have the benefit of a 7 working day period (excluding weekends and bank holidays) to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the day in which the Goods were delivered to You. Notice to exercise this right needs to be provided in accordance with clause 18 and is subject to the same conditions as defined by clause 15(a) - 15(f).
  2. Should Your used vehicle be purchased by a Secured Funding or Unsecured Funding method, then You have the additional right to cancel the finance agreement for 14 calendar days commencing from the day following the date of the delivery of Your Goods. However Your contract with Us is unaffected.

Notices

  1. In order to serve notice to Us to invoke your rights to return your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of Customer Experience Manager at the address shown on your invoice or alternatively via email to quality@carshop.co.uk.

Trade Customers

  1. Trade purchasers do not qualify for the Money Back Guarantee offered under clauses 15, 16 and 17.

Pricing Errors

  1. Whilst We try to ensure that all the prices on the CarShop website and other websites We may use as marketing channels are accurate, errors may occur. If We discover an error in the price of the goods you have ordered We will inform you as soon as reasonably possible. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order with a full refund of any deposit made. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You by email. If You decide to cancel Your order after We have informed You of a pricing error and You have already paid for the Goods, We will give You a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).

Description Errors

  1. CarShop has made every effort to ensure the accuracy of the information contained in the website and other media however;
    1. Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations take place continually. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services, nor does it constitute an offer for the sale of any particular vehicle. CarShop are not agents of any manufacturer and have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.
    2. All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumption. 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 condition.
    3. Without prejudice to Your statutory rights. All information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided as is and on an is available basis without representation warranty or endorsement, express or implied. In particular, We do not warrant or represent the accuracy or completeness of information provided on the website or other media, nor do we guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs.

Other

  1. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the Sale of Goods Act 1979 (as amended), Consumer Protection (Distance Selling) Regulations 2000, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.

Jurisdiction

  1. Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.
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