- 01. Definitions
- 02. Provision of Services
- 03. Registration and Particulars
- 04. Ownership of the Website and Copyright Notice
- 05. Misuse of the Services
- 06. Suspension of Services
- 07. Warranty
- 08. Limitation of Liability
- 09. Non-Assignment
- 10. Force Majeure
- 11. Entire Agreement
- 12. Supervening Illegality and Severance
- 15. No Relationship
- 16. Governing Law
- 01. About This Notice
- 02. Changes to this notice
- 03. How to contact us or make a complaint
- 04. Processing another person’s personal data
- 05. Who is the controller for my personal data?
- 06. What personal data do we collect about you?
- 07. If you fail to provide personal data
- 08. Where do we get your personal data from?
- 09. Sharing your personal data with third parties
- 10. What is the legal basis for processing your personal data?
- 11. Why we process your personal data
- 12. What rights do you have under data protection legislation?
- 13. How do we keep your personal information secure?
- 14. Using your personal data for marketing and how to opt-out?
- 15. How long do we keep your personal data?
- 16. Third-Party Links contained on our website
- 17. Cookies and how we use these to process your personal data?
- 01. Acceptance of Terms
- 02. Definitions
- 03. Data Protection and Your Privacy
- 04. Orders and Deposits
- 05. Payment
- 06 - 07. Delivery
- 08. Delay in Delivery
- 09. Transfer of Deposit
- 10. Administration Fees
- 11. Failed Appointment Charge
- 12 - 14. Part Exchange / Our Used Vehicle Purchases from You
- 15. Price Match Promise
- 16. 7-Day Exchange Policy
- 17 - 18. Distance Contracts
- 19. Notices and Complaints
- 20. Trade Customers
- 21. Pricing Errors
- 22. Description Errors
- 23 - 24. Other
- 25. Jurisdiction
- 01. Definitions
- 02. Parties and Commencement
- 03. Geographical Limits
- 04. Customers Obligations
- 05. Dealer Obligations
- 06. Assignment
- 07. Termination
- 08. Cancellation
- 09. Amendments
- 10. Personal Information
- 11. General
- 12. How to Book a Service
- 13. Complaints and Conciliation
- 14. Data Protection
- 15. The Parties
CarShop Website Usage
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 8th March 2017 and are effective thereafter.
Version 3.0 08.03.17
1.1 In this Agreement the following words and expressions shall have the following meanings:-
"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 2 Penman Way, Grove Park, Leicester, Leicestershire, England, LE19 1ST.
"Particulars" Your personal information submitted by You to CarShop from time to time.
"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 search.criteria.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
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124 CarShop reserves the right to amend and/or remove at any time any Content from the Website.
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.
3.3 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  and 1998.
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.
7.1 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.
9.1 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.
14. No Relationship
14.1 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.
15. Governing Law
15.1 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.
1. About this notice
1.1 This notice was last updated on the 23rd May 2018.
1.2 This privacy notice (“notice”) describes what types of personal data Car Shops Limited (referred to throughout this notice as “CarShop”, “we”, “us” or “our”) collect from you, when, how and why it is collected, used and disclosed and how it is kept secure when you use our website www.carshop.co.uk and when you purchase goods or services from us.
1.3 It is important that you read this notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This notice supplements the other notices and is not intended to override them.
1.4 This website and our services are not intended for children and we do not knowingly collect personal data relating to children. If you are under 16 please do not provide us with any of your personal data unless you have the permission of your parent or guardian to do so.
1.5 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by contacting us using the details in Section 3 (How to contact us or make a complaint).
2. Changes to this notice
The contents of this notice may change from time to time. We will post any updates to this notice on our website www.carshop.co.uk/terms-and-conditions. You may wish to check this page to ensure you are still happy to share your personal data with us. Where we make material changes to this notice, we will also contact you directly to notify you of these changes.
3. How to contact us or make a complaint
3.1 We have appointed a data champion who is responsible for overseeing data protection for CarShop. If you have any questions about this notice, your rights under data protection legislation as set out in Section 12 (What rights you I have under data protection legislation?) or the processing of your personal data generally you can contact us free of charge at any time by using the details below:
3.1.1 By sending an email to our Data Privacy & Compliance Team email@example.com
3.1.2 By writing to us at Data Privacy & Compliance Team, CarShop, 9 Cheyne Walk, Northampton, NN1 5PT
3.2 If you are dissatisfied with our use of your personal data or our response to any exercise of these rights you have the right to complain to your data protection authority, this in the UK is the Information Commissioner's Office (ICO) www.ico.org.uk.
3.3 CarShop is registered with the ICO as a data controller.
4. Processing another person’s personal data
If you provide us with personal data on behalf of someone else for example you provide your spouse’s name on a loan car form to allow the vehicle to be insured for them to drive, you confirm to us that you have their permission to pass their personal data to us and that they are aware of the contents of this notice and do not have any objection to our processing their personal data in accordance with this notice.
5. Who is the controller for my personal data?
5.1 A ‘controller’ is a person or organisation who decides why and how your personal data is collected, used and shared. They are responsible for ensuring that the processing complies with data protection legislation.
6. What personal data do we collect about you?
6.1 Personal data means any information about a living individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We collect and process personal data about you which we have grouped together into different types of data to make it easier for you to understand what we do with your personal data and what our legal basis is for processing the personal data. Details of how we process your personal data and why are set out in Section 11 (Why we process your personal data) and details of the legal bases we rely on to process your personal data are set out in Section 10 (What is the legal basis for processing your personal data):
6.1.1 Contact Data - details of your name(s), home address, previous home address, home phone number (including mobile), home email, work address, work phone numbers (including mobile);
6.1.2 Identity Data - details of your passport, drivers licence, date of birth, utility bills, national insurance number;
6.1.3 Financial Data - details of your bank account, bank statements, payment card details, vehicle purchase agreement, your employment history and salary if required as part of your finance application;
6.1.4 Transaction Data - details about payments to and from you and other details of products and services you have purchased from us.
6.1.6 Location Data - details of your travel history or home address will be collected if a loan car has a vehicle tracker fitted or you have used the satellite navigation system in the loan vehicle provided by CarShop.
6.1.7 Image Data - photographic images and footage of you is collected via the operation of CCTV when you come into our showrooms or visit our stores.
6.1.8 Vehicle Data - details of your number plate is collected through the use of automatic number plate recognition technology you when you drive into our store for a pre-booked service. You will provide details of your vehicle to us to make a service booking although not personal data this will be the registration number, make, model and type of vehicle. If you purchase a vehicle from CarShop we will retain details of the vehicle on our systems.
6.1.9 Audio Data - details of telephone voice calls maybe recorded for monitoring, dispute resolution and training purposes when you contact us or we contact you from our stores or customer experience teams in our contact centres.
6.1.10 Social Network Data - detail of personal data that is part of your public profile on a third party social network may be collected if you like, follow, message, post opinion or comment on our social media pages.
6.1.11 Family Data - details of your direct family such as their name for example to purchase a vehicle for them and allow the vehicle to be registered to the correct keeper.
6.1.12 Public Authority Data - details about you and your vehicle held with the driving and vehicle licencing agency (DVLA) including any penalties you may have on your driving licence.
6.2 As a whole we do not collect the following special categories of personal data about you, details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and information about your health or genetic and biometric data. Nor do we collect any information about criminal convictions and offences. In limited circumstances for example if you lease a vehicle via the third party Motability scheme we may collect details about your disability and mobility allowance to administer your application and check your eligibility to join the scheme. For further details about this scheme please visit Motability’s website https://www.motability.co.uk.
6.3 We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
7. If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
8. Where do we get your personal data from?
8.1 Personal data you have given to us. We collect personal data when you provide this to us directly in the scenarios listed below:
8.1.1 by entering personal data via our websites, live chat boxes or social media platforms and through testimonials and opinions you may have posted publically on our websites or social media platforms;
8.1.2 when you contact our customer experience teams based in our call centres;
8.1.3 on an enquiry form during a showroom or event that you have attended;
8.1.4 when you register interest in a vehicle in one of our stores;
8.1.5 when you complete customer surveys, provide feedback or participate in competitions we run online and in our stores;
8.1.6 when you place any order for our goods, products or services for example when you purchase a vehicle or book an appointment for your vehicle to be serviced in our store;
8.1.7 when you apply for a loan, personal contract purchase or lease agreement from one of our accredited finance providers to purchase your vehicle;
8.1.8 when you part exchange your vehicle and provide a service history of that vehicle;
8.1.9 when you provide documents to evidence your vehicle is covered by a valid insurance policy;
8.1.10 when you respond to an advertisement or any other promotional communication we may have sent to you;
8.1.11 by corresponding with us by phone, email, in person or otherwise (for example via social media) for any other purpose.
8.1.12 for accounting purposes your personal data is included on invoices;
8.1.13 to handle complaints or to provide information you have requested.
8.2 Personal data we may receive from finance providers and brokers. We collect the personal data from finance providers in the scenarios listed below:
8.2.1 If you have engaged a third party broker to act on your behalf to administer the purchase of a vehicle;
8.2.2 Our approved finance providers have a legitimate interest to provide your details to CarShop to allow us to contact you to discuss your options during the term of the loan contract. For example, if you have a Personal Contract Purchase (PCP) contract which is about to end in 6 months we will discuss all your options with you such as how to pay the balloon payment, changing your vehicle or returning your vehicle to allow you to make an informed decision before the contract ends.
8.3 Personal data we may receive from insurance providers. We collect the personal data from insurance providers in the scenarios listed below:
8.3.1 when we are required to carry our repairs on your vehicle as part of a claim you have made through your insurance company for the purposes of carrying out those repairs and providing you with a loan car.
8.4 Personal data we may receive from regulatory bodies. We collect personal data from regulatory bodies in the scenarios listed below:
8.4.1 from the Driver and Vehicle Licencing Agency (DVLA) to confirm if you hold a valid driving licence to allow the provision of a loan car or a test drive.
8.5 Personal data we may receive from other public sources. We collect the personal data from the following public sources in the scenarios listed below:
8.5.1 to assist the police or other public authorities with their enquiries and/or investigations.
9. Sharing your personal data with third parties
9.1 We share your personal data with our accredited finance providers for the following purposes:
9.1.1 to administer your finance application on your behalf with our accredited finance providers;
9.1.2 to allow you facilitate funding to purchase a vehicle.
We process information relating to your finance application on behalf of CarShop’s approved finance providers who are acting as data controller.
9.2 We share your personal data with our insurance providers for the following purposes:
9.2.1 If you decide to purchase additional regulated or non-regulated products or services during the sale or after the sale of your vehicle we may pass your personal data to the relevant provider to fulfil your request. For example, if you purchase a Vehicle Asset Protection (VAP) insurance policy for your vehicle we will pass your personal data to the insurance provider.
9.3 We do not sell your personal data to third parties. However, we may from time to time disclose your personal data to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf: roadside assistance service providers, vehicle collection & delivery, accident management, external third party body shops, direct marketing communications agencies and consultants, market research and market analytics service providers, our legal and other professional advisors.
9.4 We take steps to ensure that any third-party partners who handle your personal data comply with data protection legislation and protect your personal data just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your personal data or use aggregated none specific data sets where ever possible.
10. What is the legal basis for processing your personal data?
10.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
10.1.1 Contractual performance - where we need to process your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
10.1.2 Legal or regulatory obligation - when we have to process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
10.1.3 Legitimate interest - when it is in our legitimate interest (or that of a third party) and those interests do not override your rights and freedoms, for example when it is in the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us using the contact details set out in Section 3 (How to contact us or make a complaint).
10.1.4 Vital interests - where it is necessary to process your personal data to protect your vital interests or another person.
10.1.5 Consent - generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by us using the contact details set out in Section 3 (How to contact us or make a complaint).
11. Why we process your personal data
11.1 We have set out below, in a table format, a description of all the ways we use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
11.2 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the contact details set out in Section 3 (How to contact us or make a complaint) if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
11.3 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please us using the contact details set out in Section 3 (How to contact us or make a complaint). If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
11.4 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
When you are making an enquiry or negotiating to buy a vehicle
|Processing activity||Type of data||Legal Basis|
|To respond to enquiries you send to us and fulfil the requests you make to us for example to provide detail of the vehicle specification you have enquired about.||Contact data / Audio data||Contractual performance / legitimate interest|
|When you provided your personal information to a third party website to enquire about a vehicle advertised for example Autotrader. Your personal data will be forwarded to our Customer Contact Centre or a CarShop store to follow up your request.||Contact data||Legitimate interest|
|To arrange a test drive we have a legal obligation to check you hold a valid driving licence as required by law and for insurance purposes.||Contract data / Identity data||Contractual performance / Legal or regulatory obligation|
|Photographic images and footage of you is collected via the operation of CCTV when you come into our stores. This is for security, crime prevention and required for insurance purposes.||Image data||Legitimate interest|
Purchasing a vehicle
|Processing activity||Type of data||Legal Basis|
|Completion of all mandatory sales documentation to purchase a vehicle and make payment non-finance||Contact data / Identity data / Vehicle data / transaction data / Family data if applicable||Contractual performance|
|Registering and taxing the vehicle with the DVLA||Contact data / Vehicle data||Contractual performance / Legal or regulatory obligation|
|To provide or manage any information, products or services you have asked for specifically related to the purchase of your vehicle for example the purchase of a VAP policy, Extended Warranty or a Paint Protection product.||Contact data||Contractual performance / Consent|
|If you are part exchanging / selling your vehicle to our store we will check your vehicle details via third party provider CAP-HPI this includes vehicle mileage, condition, outstanding finance and history before making an offer to buy the vehicle.||Vehicle data||Contractual performance / Legal or regulatory obligation|
|We will send a customer survey to you following your vehicle purchase to gain your feedback about our products and services provided.||Contact data||Legitimate Interest|
Purchasing a vehicle with finance
The processing activity detailed in the table below is in addition to ‘purchasing a vehicle’ if you would like CarShop to arrange finance for you.
|Processing activity||Type of data||Legal Basis|
|To administer and arrange finance for you to purchase or lease a vehicle.||Contact data / Vehicle data / Identity data / Financial data||Legal or regulatory obligation / Legitimate interest|
|Completion of all documents to comply with the financial conduct authority guidelines when administering finance on your behalf.||Contact data / Vehicle data / Identity data / Financial data||Legal or regulatory obligation|
|CarShop will enter your personal details into the finance providers system which allows the finance provider to conduct a credit check and affordability assessment on you before making a decision whether to offer you finance to fund your vehicle.||Contact data / Vehicle data / Identity data / Financial data||Contractual performance / Consent|
|If your application for finance is declined by the finance provider we will advise you of this before sending your personal information to another lender for consideration. We will always seek your consent before passing your application to CarShop approved finance providers or credit brokers.||Contact data / Vehicle data / Identity data / Financial data||Consent|
Vehicle maintenance, repairs and servicing
|Processing activity||Type of data||Legal Basis|
|To contact you to book an appointment to bring your vehicle into the store which falls under your service plan for your vehicle.||Contact data / Vehicle data||Contractual performance|
|To collect or deliver your vehicle outside our store for example to collect your vehicle from your home or work address to undertake service works on the vehicle. This service maybe outsourced to an approved third party vehicle delivery company.||Contact data / Vehicle data||Contractual performance|
|Arranging a courtesy car subject to availability. If we agree to provide a courtesy vehicle to you for the duration of the works on your vehicle you will be asked to provide a copy of your driving licence. This is for insurance purposes and to ensure you hold a valid driving licence. If you incur any speeding, parking or other motoring offences when using the vehicle you will be liable for all costs and we will forward your contact data to the third party enforcing the penalties.||Contact data / Vehicle data / Identity data||Contractual performance / Legal or regulatory obligation|
|Our Customer Contact Centremay contact you in relation to all on-going servicing, repairs and maintenance of your vehicle, including any warranty claims.||Contact data / Vehicle data / Audio data||Contractual performance / Legitimate interest|
|Rectification works to your vehicle as part of an insurance claim. Your insurance provider may request your vehicle is repaired by one of our stores and they will share your personal information with CarShop for this purpose.||Contact data / Vehicle data||Contractual performance / Legitimate interest|
|We may capture your vehicle registration number when you drive onto our premises using ANPR to recognise you in relation to your service booking.||Contact data / Vehicle data/ Image data||Contractual performance / Legitimate interest|
|Breakdown assistance, your personal details are provided by the breakdown provider to CarShop to complete the repairs for example where the RAC towed your vehicle to our store for repair.||Contact data / Vehicle data||Contractual performance / Legitimate interest|
|We will contact you to notify you when your vehicle is due for servicing or MOT as a duty of care. The legal responsibility for maintaining the vehicle in line with the manufacturer’s guidelines is with you.||Contact data||Legitimate Interest|
|To contact you if there is an urgent safety or product recall notice issued by the manufacturer to arrange rectification works at our authorised store.||Contact data / Vehicle data||Vital interest|
|We may contact you with other communications relating to recommendations for maintenance of your vehicle, vehicle health checks or other similar services.||Contact data / Vehicle data||Legitimate Interest|
Processing necessary for us to promote our business and engage with our customers
|Processing activity||Type of data||Legal Basis|
|If you are an existing or new customer to CarShop we will send you promotional marketing information including invitations to events in our stores and offers from time to time if you have purchased a product or service from us. You have the right to object to us sending you this information at any time. Please see section 14 in this privacy notice for further detail about your rights.||Contact data||Legitimate Interest|
|If you do not have a previous business relationship with CarShop or have never negotiated to buy a vehicle or purchased any of our products or services we will only send you marketing communications if you have opted in to receive these communications from May 25th 2018.||Contact data||Consent|
|To contact you with targeted advertising delivered online through social media and other platforms operated by other companies, unless you object. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us.||Social Network data / Website data||Legitimate interest|
|To identify and record when you have received, opened or engaged with our website or electronic communications.||Contact data / Social Network data / Website data||Legitimate interest|
|To administer competitions and promotions that you enter with us from time to time and to distribute prizes.||Contact data||Consent|
|To undertake market analysis and research (including contacting you with customer surveys) so that we can better understand you as a customer and provide tailored offers, products and services that we think you will be interested in.||Contact data||Legitimate interest|
|We may take photographic images of you when you collect your new vehicle from the store or record video footage during store events with your consent to promote our business via social media channels or via our websites.||Image data||Consent|
Processing necessary for our business to operate on a daily basis and fulfil data protection laws
|Processing activity||Type of data||Legal Basis|
|For general administration including managing your queries, complaints, or claims.||Contact data||Contractual performance / Legitimate Interest|
|Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively.||Contact data||Contractual performance|
|For network and information security purposes i.e. in order for us to take steps to protect your personal data against loss, damage, theft or unauthorised access||Contact data||Legal or regulatory obligation|
|To comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request)||All types of data depending on the request||Legal or regulatory obligation|
|To inform you of updates to our terms and conditions and policies||Contact data||Legal or regulatory obligation|
12. What rights do you have under data protection legislation?
12.1 Under certain circumstances, you have rights under data protection laws. These are set out below:
12.1.1 The right to request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
12.1.2 The right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
12.1.3 The right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
12.1.4 The right to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which over ride your rights and freedoms.
12.1.5 The right to request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
12.1.6 The right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
12.1.7 The right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
12.2 If you wish to exercise any of the rights set out above, please contact us using the details set out in Section 3 (How to contact us or make a complaint)
12.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
12.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
12.5 We try to respond to all legitimate requests within one calendar month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
13. How do we keep your personal information secure?
13.1 We use a variety of security measures, including encryption and authentication tools, to help protect and maintain security, integrity and availability of your personal data.
13.2 Although data transmission over the Internet or website cannot be guaranteed to be secure, we and our business partners work hard to maintain physical, electronic and procedural safeguards to protect your personal data in accordance with applicable data protection requirements. Our main security measures are:
13.2.1 restricted personal access to your data on a 'need to know' basis and for the communicated purpose only;
13.2.2 highly confidential data stored in encrypted form;
13.2.3 firewalled IT systems to prohibit unauthorised access e.g. from hackers; and
13.2.4 permanently monitored access to IT systems to detect and stop misuse of personal data.
14. Using your personal data for marketing and how to opt-out?
14.1 If you are wondering why you have received a communication from us, this is because we collected your personal data when we were negotiating a sale for example you asked us for a quotation, etc… You have the right at any time to opt out or update your preferences in terms of the marketing you receive from us and the manner in which we communicate with you. You can change your marketing choices, or withdraw your consent in relation to how CarShop use your personal information in one of the following ways:
14.1.1 Through a ‘marketing choices’ link to our data privacy preference centre in every email communication. This link will allow you to update your preferred promotional marketing choices and your preferred method of communication; or
14.1.2 By sending an email firstname.lastname@example.org; or
14.1.3 By writing to us at Data Privacy & Compliance Team, CarShop, 9 Cheyne Walk, Northampton, NN1 5PT
15. How long do we keep your personal data?
15.1 We retain your personal data only as long as is necessary for the purpose for which we obtained them and any other permitted linked purposes. If personal data is used for two purposes we will retain it until the purpose with the latest period expires; but we will stop using it for the purpose with a shorter period once that period expires. Our retention periods are based on business needs and your personal data that is no longer needed is either irreversibly anonymised or destroyed securely.
15.2 Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us using the contact details set out in Section 3 (How to contact us or make a complaint)
16. Third-Party Links contained on our website
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices and statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
17. Cookies and how we use these to process your personal data?
17.1 A 'cookie' is a piece of information that a website transfers to the cookie file of the browser on your computer's hard disk, so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. You can accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our websites if cookies are disabled. You can restrict the type of cookies being placed on your hard drive when browsing our website by clicking on the button ‘change cookie settings’ at the bottom of the web page.
1. Full Terms and Conditions
Version 14.0 25/05/2017
Acceptance of Terms
2. (a) "We", "Us", "Our" and "CarShop" shall refer to Car Shops Limited whose registered number is 05331512 and registered office is, 2 Penman Way, Grove Park, Leicester, Leicestershire, England, LE19 1ST.
(b) "You" and "Your" shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
(c) "Goods" are used vehicles supplied by Us plus any ancillary products or services.
(d) "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.
(e) "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.
(f) 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 CRA.
(g) "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.
(h) "CRA" is the Consumer Rights Act 2015.
(i) "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.
(j) "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 Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Distance Marketing Regulations 2004 as appropriate.
(k) "Specification" represents the accurate description of the vehicle make model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine; colour; wheel size; upholstery; equipment or other feature that has a material effect on the valuation of the vehicle.
3. Data Protection and Your Privacy
4. Orders and Deposits
4. 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 per vehicle and typically £450. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 7 days.
(a) 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 We will remove a vehicle from sale to the general public for a period no longer than 5 days and 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.
(b) 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 failed appointment charges as defined in clause 11. 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.
(c) 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 failed appointment charges as defined in clause 11. 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.
5. 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.
6 - 7. Delivery
6. 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.
7. 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.
D8. elay in Delivery
8. 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.
9. Transfer of Deposit
9. 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.
10. Administration Fees
10. We will charge an Administration Fee for each vehicle, the amount of which will be clearly presented and is in addition to the purchase price of the vehicle. The fee covers all costs associated with administration and paperwork including sending V5 documentation to the DVLA, plus We will provide You with a HPI report on request on Your new vehicle for Your retention. The vehicle Administration Fee is non-refundable.
11. Failed Appointment Charge
11. We reserve the right to invoke a Failed Appointment Charge of £100 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). Failed Appointment Charges 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.
12 - 14. Part Exchange / Our Used Vehicle Purchases from You
12. 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:
(a) 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. If You have used Our online valuation tool to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed online valuation.
(b) That where the used vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such settlement 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.
(c) 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.
(d) 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).
(e) If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12c) 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 thirty (30) days of You sending notice to cancel this agreement either under clauses 16, 17, 18 and 19 or in line with Your statutory rights.
(f) 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.
(g) 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), User manuals and any accessories there may be such as locking wheel nut, radio fascia or remote controls 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 (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
(h) 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 11 of this agreement.
(i) If We buy a vehicle from You, We will be relying upon Your representation that;
- You are legally capable of entering in to a binding contract to sell the vehicle
- You are at least 18 years old
- To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or damage), and the vehicle is registered in the UK.
- In the event that We discover at anytime that any of the above representations are (or are likely to be) inaccurate, untrue or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are untrue or false. In addition We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.
13. 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 12 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) 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 to verify the descriptions made are true and accurate A purchase from You in this way will be subject to an administration fee of £50.
(a) Once we have agreed to purchase Your vehicle and We are in possession of the vehicle, We will pay You the agreed price for the vehicle, less the amount of any administration fee, by electronic transfer to the bank account of Your choice. You will be required to produce a minimum of the V5 document in Your name plus two proofs of identification, including one form of photographic identification (passport or driving licence) and a current proof of address in the same name and details as shown on the V5, these are required prior to a payment being made. Further proofs may be requested by Us at Our sole discretion. Acceptable proof of address documents are a council tax bill, utility bill, HMRC letter, bank statements and driving licence dated within 3 months of the purchase date.
(b) Our standard payment terms are via BACS payments which will take up to 4 working days, after the day of sale to Us, to arrive in Your account. In most cases We can offer same day faster payments for an additional fee of £25 and if selected the cost of this payment is displayed on the invoice.
(c) It is possible that events beyond Our control may delay payment, and if that happens We will not have any liability to You for the delay, save that We will refund the payment fee (if applicable).
(d) As set out in Clause 12 We may purchase Your vehicle even though it is subject to a Secured Finance Agreement. In these instances if the price for Your vehicle is higher (inclusive of any fees) than the settlement figure We will pay You the difference, or if the price for Your vehicle (inclusive of any fees) is lower than the settlement amount You must pay Us the difference.
14. We may agree to purchase Your used vehicle under a Distance Contract. In these instances Your responsibilities under clause 12 still apply. Whilst an indicative price (or guaranteed price if generated via our online valuation tool) 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 to verify the descriptions made are true and accurate.
15. Price Match Promise
15. If You see a similar car at a VAT registered professional motor dealer either before You come into one of our stores or within 48 hours after purchasing a vehicle from CarShop at a lower price We will match that price. This is subject to Our discretion and the following conditions:
(a) The alternative vehicle must be the same age (as determined by the year denoted on the vehicle registration number i.e "06" plate).
(b) The alternative vehicle must have the same Specification as the CarShop vehicle. Examples where the Specification differs may be considered at the discretion of CarShop if the difference in Specification of the alternative Vehicle and the CarShop vehicle does not have a material impact on its market value at the time of comparison.
(c) The alternative vehicle must have the same (within 1,000 miles) or lower mileage than the CarShop vehicle. The mileage must be warranted.
(d) 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 either prior to or after Your purchase, or a CarShop representative must be able to view the vehicle 'live' on a dealer website and the alternative vehicle must be available for immediate purchase and physically in the location within 45 miles of Our Place of Business that delivered the Goods.
(e) The price match does not apply in cases where the comparative vehicle is being offered at a CAP clean price. A cap clean price is the industry benchmark for used car disposal values and is not a guide for retail pricing.
16. 7-Day Exchange Policy
16. CarShop offer to all retail customers (not Trade Sales) a 7-Day Exchange Policy on the purchase of Your Goods. The 7 Days commence from the day after the date on which delivery takes place and is inclusive of weekends and bank holidays. The 7-Day Exchange Policy is in addition to and does not affect Your statutory consumer rights. It should not be considered as an alternative to Your short term right to reject a vehicle due to a breach of Your core rights at the point of purchase under Your statutory consumer rights. To serve notice of Your intention to invoke this cancellation please see clause 19 and it is subject to the following conditions;
(a) There is a duty of care for You to return the Goods in a condition commensurate with that at the time of delivery. We will inspect the goods at the time of return and 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.
(b) All vehicles returned will be subject to a returns fee of £149 which represents the non-refundable administration fee.
(c) 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;
|Miles Driven||Usage Charge|
|0-100 miles||No charge|
|over 100 miles||£50 plus £2 per each additional mile|
|For illustration, a vehicle driven 100 miles will incur no usage charge. A vehicle driven 110 miles would incur a usage charge of £70 (£50 plus £2 x 10 miles).|
(d) 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.
(e) 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 12(g).
(f) 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 a Failed Appointment Charge in accordance with clause 11. Under Distance Contracts the return date will be extended to 14 days from the notification by You of the cancellation.
(g) To facilitate the Exchange Policy, We will identify with You a suitable vehicle for You to exchange Your vehicle for. Where the replacement vehicle is located at a different store to the store You have returned Your vehicle to (or agreed recovery location in accordance with clause 16(d)), then We reserve the right to charge You a non-refundable transfer fee to move the vehicle for viewing prior to acceptance of the exchange.
(h) Once a suitable replacement vehicle has been selected We will transfer to the replacement vehicle any amounts due after adjusting for the returns fee, usage charges or other charges as a deposit on Your replacement vehicle.
(i) You will be liable for any shortfall between the deposit under clause 16(h) and purchase price for the replacement vehicle. Where Your deposit under clause 16(h) exceeds the purchase price for Your replacement vehicle We will refund to You the difference.
(j) We will cancel any additional products you have purchased with Your exchanged vehicle and transfer them to Your replacement vehicle where this is relevant. Where this is not relevant We will cancel the product, and refund You any amounts in line with the relevant terms of those products.
(k) Where You have purchased Paint Protection for your exchanged vehicle no refund will be made.
(l) If Your exchanged vehicle was purchased using a line of credit organised by Us then We will work with Your lender to secure a new line of credit to fund Your replacement vehicle. In circumstances where We cannot secure a line of finance for Your replacement vehicle then 7-Day Exchange Policy will be deemed as void.
(m) Where You have successfully invoked the 7-Day Exchange policy, Your replacement vehicle will be exempt from this policy as described in these terms under section 16.
17 - 18. Distance Contracts
17. You will have the benefit of fourteen (14) days to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the day the Goods were delivered to You and finishes 14 days after this date, unless that date is a Saturday, Sunday or UK Bank Holiday in which case it will move to the next working day. Notice to exercise this right needs to be provided in accordance with clause 19 and is subject to the same conditions as defined by clause 16(a) - 16(f).
18. 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.
19. Notices and Complaints
19. 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. In Your complaint please make it clear the nature of Your complaint, the registration of Your vehicle (if relevant) and Your contact details.
(a) Our dedicated Customer Experience team will try to resolve Your concerns as soon as possible, usually before the end of the next working day. If this isn't possible We will contact You within 5 working days to explain what We are doing and when You can expect a resolution.
(b) Within 8 weeks We will call or write to You either with a final response advising You of Our findings, or an update on Our investigations and confirmation of when We expect to be able to provide a final response, if appropriate.
(c) In certain circumstances, if You are unhappy with Our final response or We do not issue You with a final response in writing within 8 weeks of You contacting Us with Your concerns, You may be able to refer Your complaint to the Financial Ombudsman Service or an Alternative Dispute Resolution service. Details of Your rights will be provided to You as appropriate in Your case. If You wish to refer Your complaint to the Financial Ombudsman Service, this must be done within 6 months of Our final response letter.
Financial Ombudsman Service
Telephone: 0300 123 9123
Small Claims Mediation (UK) LTD
33 Leicester Road
Telephone: 0800 167 0700
(d) In Our final response letter We will indicate whether in Our view Your complaint may be suitable for consideration by the Financial Ombudsman Service or Alternative Dispute Resolution Service.
20. Trade Customers
20. Trade purchasers do not qualify for the Money Back Guarantee offered under clauses 16, 17 and 18.
21. Pricing Errors
21. 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).
22. Description Errors
22. CarShop has made every effort to ensure the accuracy of the information contained in the website and other media however;
(a) 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.
(b) 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.
(c) We do not 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 and strongly recommend that all users ensure that they protect their equipment with the use of firewalls and virus checkers.
23 - 24. Other
23. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the CRA, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.
24. Car Shops Limited T/A CarShop, is authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit activities. Our Firm Registration Number (FRN) is 447727. Car Shops Limited is also an Appointed Representative of Sytner Group Limited, which is authorised and regulated by the FCA for Insurance Mediation Activities, under FRN 310540
25. 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.
When reading these terms and conditions, the word “products” means all products and parts (such as tyres, brake pads ect.) sold by us to you. This includes any parts or products which are supplied as part of any service that we carry out. “service” means servicing or repairs that we carry out and includes inspections, Product fitting and servicing.
PLEASE NOTE THESE EXCLUSIONS. THEY ARE IMPORTANT. YOU SHOULD READ ALL THESE TERMS AND CONDITIONS AS OTHER EXCLUSIONS DO APPLY.
We will be legally responsible to you if our negligence causes death or personal injury.
We will not be responsible if we cannot carry out our duties because of circumstances beyond our reasonable control.
We will not be responsible for any damage caused in carrying out any service if this is caused by:
- the vehicles condition
- it having been incorrectly maintained or modified
- any previous servicing or repairs which have not been properly carried out
- any parts that have been wrongly fitted by someone other than us
- some other reason not in our control
- we will not be responsible for any loss of business profits or income, lost business or missed opportunities, loss of use or inconvenience, or other financial or indirect loss.
- Please take out suitable insurance cover to protect these interests.
As part of any Service we carry out the inspections described in our Visual Health Check. We will then make a recommendation to you based on the inspection we have undertaken. We will not start any work on the vehicle until you have signed our inspection report and any estimate we give.
We will not be responsible for any loss or damage caused by anything which we did not find on our inspection unless it should have been found by the actual inspection we conducted. We shall not be responsible for conducting any other inspections.
We will always try to give accurate estimates for the prices of Products or services.
The prices we give for Products will be current at the time that we give our estimate. However, we may adjust any price if the cost to us of the Product increases between the time that we gave our estimate and the time we obtain the Products. We will always tell you if the price has increased and you shall not be obliged to buy any Product which has a higher price than estimated.
If during our service we discover that the work we have to do will exceed the estimate, we will ask for your agreement to continue the Service on the basis of a revised estimate. You do not have to agree any revised estimate and, if you choose to cancel, we will return your vehicle as nearly as possible in the same condition as when the Service began.
We will not be responsible for any loss or damage caused as a consequence of your cancelling work or instructing us not to carry out work that we have recommended.
A deposit may be required for certain orders; if this the case you will be advised accordingly.
Deposits paid on specially-ordered items are non-refundable
6. Cancelling Work
If we stop any Service at your request then we may charge a reasonable amount for any work actually carried out. We will also charge you for the price of any products supplied or fitted.
We will try to carry out any Service in the time we have agreed to do so or, if no time is agreed, within a reasonable period. However, if we are late or or cannot carry out any Service or fitting of Products, we will have no liability or responsibility to you for any loss or any inconvenience you may suffer as a result.
You must pay us for any Service and Products supplied before you remove your vehicle from our premises. If any service is carried out or Products supplied away from our premises then you must pay us before we release your vehicle to you.
You must pay VAT at the relevant rate on all charges we make (excluding MOT tests).
9. Ownership of Products
Any Products we sell to you will not belong to you until you have paid for them and any Service in full. If payment is not made we may remove from the vehicle any Products we have fitted.
10. Replaced Items
All items replaced by us during any service become our property. We may deal with such items as we wish.
11. Health and Safety
Our premises contain equipment and substances, which are potentially dangerous. As a consequence, you must comply with any instructions and cautionary notices which are displayed at our premises.
You must comply with any instructions relating to the use, care and maintenance of any Products we supply.
Products and Services are covered by CarShop Service Centre Guarantee, the conditions of which can be found under the heading “Guarantee conditions”.
13. Your Statutory Rights
These terms and conditions and terms of our guarantee do not affect your statutory rights as a consumer. If you are a consumer, any Products we supply must:
- match the description we give them
- be of satisfactory quality and
- be fit for their purposes. Any service we provide must be carried out to a reasonable standard.
14. Promotional Pricing
The prices quoted on our website for any service related work or products are our base "from" prices meaning this is the minimum you will have to pay. Any resultant work required to your vehicle may attract additional charges which you will be given an estimate for that you do not have to accept. Promotional service prices are subject to change at any time without prior notice.
The CarShop Service Centre Guarantee only applies to brake parts, tyres, exhaust parts, shock absorbers, batteries and suspension parts that we have supplied. It also applies to any fitting and other work that we carry out.
The CarShop service Centre Guarantee does not cover any parts or Products that we supply or work that we carry out in respect of any vehicle which is used for commercial or business purposes (for example, taxis and driving school cars) or in conjunction with any motorsports.
1. Brakes And Brake Parts
All new brake parts that we have supplied and fitted are guaranteed against manufacturing defects for the first twelve months or 12,000 miles (whichever comes first).
All new batteries that we have supplied are guaranteed against defects, regardless of mileage for a period of 12 months.
All new exhaust systems or part systems, excluding Catalytic Converters, that we have supplied and fitted are guaranteed against manufacturing defects for two years from fitting, regardless of mileage. Catalytic Converters are guaranteed for one year.
4. Shock Absorbers And Suspension Parts
All new shock absorbers and suspension parts that we have fitted are guaranteed against manufacturing defects for two years from fitting, or up to 12,000 miles (whichever comes first).
All new tyres that we have fitted are guaranteed against manufacturing defects for the legal lifetime of the tyre.
6. Fitting And Workmanship
Our fitting of any parts is guaranteed against faulty fitting and workmanship for (the same guarantee covering the parts we have fitted). Any other work that we carry out on your vehicle is guaranteed against faulty workmanship for twelve months or 12,000 miles (whichever comes first).
Please refer to your vehicle handbook or manufacturer’s recommendations for a more comprehensive guide of the type and frequency of oil changes.
8. How We Will Deal With Your Claim
If a guarantee claim is made on a tyre we will return the tyre to the manufacturer for inspection. Where a manufacturing defect is confirmed, a refund will be made to you of the cost of the defective tyre. In the case of a tyre, the refund will be reduced by an amount equal to the use you have had of the tyre (based upon the remaining legal tread depth of the tyre when it is returned).
Any replacement tyre that you buy from us will be fitted and balanced free of charge.
If a guarantee claim is made for any other part, we will return the part to the manufacturer for inspection. where a manufacturing defect is confirmed, a refund will be made to you of the cost of the defective part less an amount equal to the use you have had of the part (based upon mileage covered by the vehicle the part was fitted to). Any replacement parts that you buy from us will be fitted free of charge. If your claim is in respect of fitting and workmanship we will do the work again free of charge. the cost of any parts that we fitted which are required to be replaced because of the way in which we carried out work will be reduced by an amount that reflects the use that you have had of the parts being replaced.
9. How To Make A Claim
You must bring the vehicle to any CarShop Service Centre together with the original receipt for the products or service we provided.
10. What Isn’t Covered
The CarShop Service Centre guarantee does not cover any damage or defects to tyres and other parts which are as a result of any criminal, malicious or accidental damage, improper or misuse, fire, theft, use off the public highway, racing or rallying, unconnected mechanical defect, or use otherwise than in accordance with manufacturer's recommendations.
The CarShop Service Centre Guarantee does not cover normal or acceptable wear and tear or corrosion.
The CarShop service Centre Guarantee will be invalidated by the repair or replacement of guaranteed parts by anyone other than CarShop.
The CarShop Service Centre Guarantee is not transferable and applies to the original purchaser only.
11. Your Statutory Rights
Your statutory rights are not affected by the CarShop Service Centre Guarantee.
12. Contacting Us
Your first point of contact with any enquiries or complaints should be your local CarShop Service Centre manager.
Vehicle Service Terms and Conditions
Our standard service constitutes a premium oil, air filter and oil filter change plus a visual health check and a free wash, leather and vacuum. Some manufacturer service items may be excluded; written details available on request.
A surcharge applies for vehicles that require special oils (this will be an additional charge that a CarShop service advisor will inform you of on the day of your service), retail customers only, excludes Vans, 4x4, rotary engines and LPG conversions.
European Union legislation changes the way cars may be serviced and repaired and gives motorists a lot more freedom in their decision as to who should look after their cars. Now motorists can use CarShop Service Centres to service their cars without invalidating the manufacturer’s warranty. CarShop Service Centres can carry out normal maintenance, servicing and repairs during a vehicle’s warranty period without invalidating the vehicle assembler’s warranty conditions with two provisos:
That the service is carried out in accordance with the Vehicle Assembler’s servicing schedules and is recorded as such. CarShop Service Centres when carrying out normal maintenance and repair services use systems to follow ICME schedules and customers can be assured that they are using vehicle assembler’s schedules when specified.
That the parts used either ‘original spare parts’ or ‘ matching quality parts’ and are recorded as such. All parts used by CarShop service Centres are manufactured to Original Equipment (OE) quality.
All MOT tests are conducted by a third party under strict VOSA (Vehicle & Operator Services Agency) guidelines. CarShop Service Centres offer a free MOT retest (within a seven day period of the initial test) in the event your vehicle should fail its MOT. Should a retest be required outside the Seven day period a full MOT test will be carried out on the vehicle and the full price of the test will be required from the customer.
An MOT test certificate relates only to the condition of the components examined at the time of test. It does not confirm the vehicle will remain roadworthy for the validity of the certificate. Whilst advisory items listed on the certificate do not constitute MOT failure items they are drawn to your attention for advice only. For further information about the MOT test certificate please visit www.direct.gov.uk/mot.
All air conditioning system Services are carried out by a fully qualified air conditioning specialist who has gained an AC1 Refrigerant Handling Qualification. During a diagnostic check a particular component may be at fault which could lead to another component failing. Until the first component has been repaired it is then that the rest of the air conditioning system can be checked.
Adversely cold weather conditions during winter months leads to thousands of motorists being stranded on the roadside every year. The main cause of these breakdowns are due to frozen cooling systems and poor battery performance, both of which could easily be avoided should the correct vehicle checks be made and any reported faults rectified prior to outside temperatures dropping below freezing.
A repair bill caused by freezing conditions on average could easily be in excess of £400, exemplar costs are as follows:
- Battery failure. Average cost of replacement £50 +
- Burst radiator hoses due to frozen coolant. Average costs of repair £100 +
- Fractured radiators due to frozen coolant. Average cost of repair £450 +
- Damage to cylinder head due to overheating caused by driving a vehicle with coolant leaks due to burst radiator hoses or fractured radiators. Average cost of repair £1000 +
CarShop Service Plan Terms and Conditions
IMPORTANT PLEASE READ THIS DOCUMENT CAREFULLY
This document contains all details of the Personal Service Plan.
These terms and conditions form the Contract between You the Customer and The Warranty Group Services (Isle of Man) Limited.
Some words in this Personal Service Plan have special meanings, which are explained in Part 1, under the heading Definitions. Whenever these words are shown in bold type, they have these special meanings; otherwise they have their ordinary everyday meanings.
TWG Services Limited, The Aspen Building, Floor 2, Vantage Point Business Village, Mitcheldean, Gloucestershire, GL17 0AF who administer the product on behalf of Us. We collect Customer payments through the Administrator on the Dealer’s behalf and may hold Your money on Your behalf. This means that all funds are legally in Our possession as soon as payment is made by You.
Agreement or Service Plan
The agreement between You and Us, which comprises the terms and conditions, the Personal Service Plan Information Schedule and the Service and Maintenance Schedule, under which We agree to procure the Service of Your Vehicle in accordance with the services identified on Your Schedule of Work.
The total value including Servicing and Administration costs, which has been used by You the Customer under the Service Plan at any given time.
Customer and You, Your or Yours
The person, partnership firm or company whose details appear on the Personal Service Plan Information Schedule. Where the Customer is a partnership then each partner separately and all partners jointly shall be responsible for the Customer’s obligations under this Personal Service Plan.
The Dealer who sold the Service Plan to You and to whom You are obliged to obtain the Service from, unless We notify You otherwise.
The Personal Service Plan frequency when a Service will be due.
Personal Service Plan Information Schedule
The Personal Service Plan Schedule signed by You, which contains Your and Your Vehicle details.
Schedule Of Work
The Event or Events as detailed on the Service and Maintenance Schedule.
Service and Servicing
The servicing of the Vehicle in accordance with the Manufacturer's standard service schedules, a copy of which will be produced for You on request.
Service and Maintenance Schedule
The Personal Service Plan Information Schedulethat contains the Event(s), which indicate when a Service will be due.
Service and Maintenance Schedule
The Personal Service Plan Information Schedulethat contains the Event(s), which indicate when a Service will be due.
Your motor vehicle as detailed on the Personal Service Plan Information Schedule.
We, Us, Our
The Warranty Group Services (Isle of Man) Limited (registered number 94279C), whose registered office is at 3rd Floor, St Georges Court, Upper Church Street, Douglas, Isle of Man, IM1 1EE.
2. Parties And Commencement
This Service Plan is between You and Us. It shall be binding on all parties only when the initial payment has been paid by You and received by the Administrator.
3. Geographical Limits
United Kingdom, which means Great Britain and Northern Ireland, and for the avoidance of doubt shall include the Channel Islands and the Isle of Man.
4. Customers Obligations
Pay the initial payment and all of the monthly payments to the Administrator by direct debit.
Produce to the Dealer the appropriate documentation prior to each Service being carried out.
Notify the Administrator if Your principal address, as shown on the Personal Service Plan Schedule, changes.
Notify the Administrator if the registration plate identification or any other identification mark of the Vehicle changes.
Not make, or permit to be made, any mechanical alterations or modifications to the Manufacturer's standard specification for the Vehicle without obtaining the prior written consent from Us.
Have made sufficient payments in advance in order to meet the cost of the Service.
5. Dealer Obligations
The Dealer on Our behalf will be responsible for:
- Carrying out Servicing of the Vehicle in accordance with the Schedule of Work as soon as is reasonably practicable after being requested to do so by You and on You producing to the Dealer the appropriate documentation for each Service.
- Submitting a request for authorisation through Our web application immediately before each Service is carried out on the Vehicle.
- Issuing documentation to You appropriate to the Schedule of Work. The documentation will be printed with an expiry date, which indicates the latest date on which the Service may be carried out.
- Please note Cambelts are NOT covered under this Personal Service Plan.
You may, subject to payment being received in full, transfer their rights and obligations under this Service Plan to a subsequent owner of the Vehicle provided that they give written notice of the transfer to Us stating the name and address of the transferee and the date of transfer.
This Personal Service Plan shall terminate on the earliest of the following events:
- At the end of this Personal Service Plan as set out in the Service Plan Information Schedule;
- On reaching the end mileage specified on the Schedule of Work, allowing appropriate leeway where a Service is due under the Personal Service Plan;
- On the Vehicle having received all Servicing covered by the Service Plan;
- On Us giving notice of cancellation in writing to You, which shall not be given unreasonably;
- Where You are in breach of any of Your obligations under this Personal Service Plan; or
- On being cancelled by You under clause 8 (CANCELLATION).
This Personal Service Plan may be cancelled by You:
- Or your personal Representative(s) on Your death;
- On the theft of the Vehicle where the Vehicle is not recovered;
- On the sale of the Vehicle, where the Personal Service Plan is not transferred under clause 6;
- On the Vehicle being declared by an insurance company to be a total loss as a result of accidental damage;
- Within 14 days of the date this Personal Service Plan was purchased.
In the event of termination or cancellation:
On termination under clause 7.3 or 7.4 or cancellation under clause 8.1.1 to 8.1.4 We will calculate the total Servicing and administration costs (Benefit Taken) up to the date of cancellation and will supply details of these costs to You in writing. In the event of cancellation an administration cost will be retained which includes set-up and payment collection charges. Further details are available from the Administrator on request. In the event that You have paid more than the Benefit Taken then the excess will be refunded by Us provided that You returned any and all documentation to Us. In the event that You have paid less than the Benefit Taken then You shall pay Us, within thirty (30) days of the termination date, a sum equivalent to the shortfall.
Any cancellation or refund request must be made directly to the Dealer. Thereafter, the Dealer will contact Us to arrange the cancellation or refund on Our behalf.
In the event that this Personal Service Plan becomes unsuitable for Your Vehicle, for example as a result of You covering more mileage than You originally based the Service Plan on, You may need to cancel this Personal Service Plan and agree a new Personal Service Plan with the Dealer which is suitable to Your changed needs. Where a new Personal Service Plan is entered into, then all calculations will be based on parts and labour costs that are current at the time of the new Personal Service Plan coming into force.
10. Personal Information
- By signing the Personal Service Plan Information Schedule, You agree that the Administrator and We may use personal information relating to You, which is obtained in relation to this Personal Service Plan.
- You may withdraw Your consent under clause 10.1 at any time by writing to the Administrator at the address stated in clause 1.1.
- Your personal information will be used in accordance with clause 14.
In the event that You lose any documentation, You must notify Us, We will issue replacements upon payment by You of an administration fee.
We may declare void any Personal Service Plan where the Personal Service Plan Information Schedule does not correctly indicate the exact Vehicle type, model age and indicated mileage.
If it is established following the receipt of the Service that the conditions of this Personal Service Plan as laid down have not been fully complied with, then it is hereby expressly agreed and declared that We shall be released from a liability for that particular Service.
If You or anyone acting on Your behalf provides Us with information which is inaccurate or fails to disclose any information which may reasonably affect Our provision of this Service, this Personal Service Plan shall be deemed to be invalid.
The terms and conditions of the Personal Service Plan cannot be altered or amended by any person except by specific written endorsement by Us.
The mileage quoted in no way guarantees the true distance covered by the Vehicle, and is indicated only as a guide to when Servicingis due. Failure to maintain the odometer (mileage recorder) in working order or disconnecting it or tampering with it will invalidate this Personal Service Plan. Any change of odometer (mileage recorder) must be notified to the Dealer with the new mileage reading within 14 days by recorded delivery or registered post.
12. How To Book A Service
You must contact the Dealer and arrange a convenient appointment for the Vehicle Service.
The Dealer will input details of the Vehicle Servicing onto Our web application. If sufficient funds have been received by Us to cover the cost of the work that is to be undertaken, then authorisation will be immediate. In the event of there being insufficient funds received by Us, the Service will not be authorised by Us unless We receive confirmation from the Dealer that it has received the shortfall from You. Please note that a Service will only be carried out if and when there are sufficient funds within the Personal Service Plan and not before.
Take the Vehicle to the Dealer, where the Personal Service Plan was purchased (unless notified otherwise by Us
13. Complaints And Conciliation
For complaints relating to the Service please contact the Dealer.
For all other complaints not relating to the Service please contact the Administrator - Customer Relations TWG Services Limited, The Aspen Building, Floor 2, Vantage Point Business Village, Mitcheldean, Gloucestershire, GL17 0AF.
14. Data Protection
For the purposes of the Data Protection Act 1998, the data controller in relation to the information you supply is Us.
Your data may be transferred to any country, including countries outside the European Economic Area for any of these purposes and for systems administration. Where this happens, we will both ensure that anyone to whom we pass your information agrees to treat Your information with the same level of protection as if we were dealing with it.
You have the right to ask for a copy of Your information (for which we will both charge a small fee) and to correct any inaccuracies.
We may record telephone calls for staff training and evidential purposes.
15. The Parties
Please note that Your Personal Service Plan is with Us and nobody else. We are responsible for the performance of this Personal Service Plan.
The Dealer performs the Service in relation to Your Vehicle on Our behalf.
1. For added peace of mind, the comprehensive preparation of your vehicle is guaranteed for the first 3 months or 3,000 miles after collection, whichever comes first. If you experience a problem during this period, we’ll fix it for you for free subject to the following conditions, in addition to your statutory rights:
To make a claim then contact us immediately:
- Phone 0333 800 1695 option 4 (Customer Services) and your store
- Email email@example.com with contact details, the problem and vehicle reg.
Please contact us prior to returning your vehicle to the store to arrange a booking. Service Centre bookings are by appointment so we might not be able to provide immediate assistance. If the breakdown requires a diagnostic check then, providing the claim is accepted, we will cover the costs.
2. What's Covered
2. All mechanical and electrical parts, unless specifically excluded, are covered against failure. A failure is defines as the failure of a covered component to perform its normal function, unless that component has reached the end of its working life due to age and/or mileage, or as confirmed by an independent assessor. In the case of failure due to wear and tear, we will assess the likely cause of the failure and the condition of the component at the point of purchase and therefore may offer a contribution towards repair if the component had significant wear prior to your ownership. Components excluded from cover are listed below.
3. What's Excluded
- All cosmetic items. During your vehicle purchase you’ll have had a chance to test drive and inspect the vehicle and should have made all reasonable attempts to highlight any issues to the store teams which could be addressed as (either before collection or shortly after) as a condition of sale. Any agreed remedial work will have been recorded on your sales invoice.
- Parts covered under a manufacturer or third party warranty.
- All bodywork, interior/exterior trim, brightwork, paint, glass (including heating elements) weatherstrips, rubber seals, sheet metal, upholstery, carpets, wiper arms/blades, wheels, wheel alignment and balancing, tyres.
- Working materials (such as oil) – unless required to be replaced due to the failure of a covered part.
- Electrical accessories - bulbs, lamps/lenses, fuses, battery and remaking of disturbed electrical connections.
- Clutch – where condition is due to the clutch being burnt out.
- Any damage arising from intentional misuse, or improper acts, operator neglect or failure to maintain the vehicle in a safe and roadworthy condition. Damage as a result of use on frost, floods, snow, and mud affected roads or sustained in an accident or from using the vehicle in motorsport competition or at a track-day. Damage from mis-fuelling or contaminated fuel or modifications made to the vehicle during your ownership.
- Vehicles used as a licensed taxi or for professional driving instruction.
- Any consequential damage to a covered component arising from the failure of a non-covered component/part.
- Diesel Particulate Filter and consequential damage (see below)
- Non manufacturer standard phone kits (such as Parrot or similar systems) fitted to the car at the time of purchase.
- Only the individual(s) and the vehicle stated on the sales invoice will benefit from cover, there is no provision for cover to be assigned, transferred or extended.
- We are unable to offer assistance on this guarantee for customers residing outside the United Kingdom.
4. Diesel Particulate Filters
4. By law, all new diesel powered cars must filter particulates from their exhaust gases using a Diesel Particulate Filter or DPF. The DPF cleans itself automatically when the vehicle engine runs at higher speeds for a period of time – “regeneration”. If this hasn't happened for a while, a warning light indicates that the filter is getting blocked. We recommend you take immediate action as continued use of the vehicle may result in damage. Please consult your owner’s manual or website for guidance on how to perform a successful regeneration. If this guidance is not followed and the DPF becomes blocked then can damage other parts of your engine which would not be covered by this guarantee.
5. Loan Vehicles
5. We’ll try where possible to provide a courtesy vehicle whilst you vehicle is diagnosed or repaired but subject to limited availability on a first come first served basis. All loan vehicles will be fully comprehensive insured by us, subject to acceptance and you having a valid UK driving license. You are responsible for the condition and upkeep of the loan vehicle, its reasonable use and the cost of repair for any damage that is caused to the vehicle during your usage of it. We reserve the right to recall a loan vehicle at any time and source a suitable alternative for you. Please be aware that you will be responsible for the cost of fuel used whilst the vehicle is in your possession.
6. Breakdown & Recovery of your vehicle
6. If you experience a breakdown then please contact a breakdown assistance provider to help with recovery to a repairer if the fault cannot be fixed at the side of the road. If you believe the issue experienced would entitle you to a claim under this guarantee then please contact us to discuss the problem and we will if required direct you to recover the vehicle to a suitable repairer. If the issue experienced with your vehicle means that it cannot be driven to the approved repairer, there is no provision made by CarShop for recovery, the responsibility for recovery remains with you.