Definitions - 'We' or 'Us' refers to Startin Group as the seller of the goods described on the order confirmation. 'You' refers to the customer as the purchaser of the goods described on the order confirmation. 'Vehicle' refers to the goods being ordered and supplied as detailed on the order confirmation.

Whilst Startin Group makes every effort to ensure that the information contained in this website is accurate and current, due to the extensive nature of the information we obtain from third-party services and systems, it is not always feasible for us to verify every piece of information that is provided or supplied to us by third parties. Startin Group strives to ensure that the information available on our website is accurate, comprehensive, and free of errors. However, Startin Group cannot be held liable for any errors or omissions in the data displayed, which may change periodically. Vehicle pictures may be shown for illustration purposes only and images of our used car stock may have been digitally altered to remove point of sale material from the vehicle and to add a digital backdrop."

1. Your Agreement with us

1.1 These Terms and Conditions describe the rights and responsibilities of you and us in relation to your purchase of a vehicle through this website (“Agreement”). Please read them carefully as they represent a legally binding agreement between you and us (and the finance company if you buy on finance). If you have any concerns or queries you should contact us on enquiries@startingroup.co.uk prior to placing an order. When you complete and submit the online order form, you accept the terms and conditions set out in this Agreement. If you wish to rely on any amendment or addition to the Agreement, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the vehicle to be supplied, this shall be deemed to be an amendment to the Agreement rather than a new agreement.

2. Ordering your car

2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Vehicle specified in the order (Vehicle) subject to these Terms.

2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

2.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.

2.4 Our acceptance of your order takes place when we contact you to accept it, at which point the Contract between you and us will come into existence.

2.5 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the vehicle is out of stock, because a finance application has been rejected, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.

2.6 Please be aware that vehicles and products may vary slightly from their pictures. The images of the vehicles and products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle or products and they may vary slightly from those images.

2.7 To place an order you must be aged 18 or over.

3. Payment

3.1 Once you have made your vehicle choice, you can pay a reservation fee to reserve it, pay for it outright, or choose a finance option by applying for a finance package online. You can part-exchange your existing vehicle and put the money towards the value of your new vehicle.

3.2 We take all reasonable care to ensure that the price of the vehicle advised to you is correct. However please see below for what happens if we discover an error in the price of the vehicle you order.

3.3 At the beginning of the order process, you will be asked to confirm your preferred payment method (PCP, HP, Pay in Full, Reservation Fee). Once you have selected your vehicle, you will then receive a quote based on your preferred payment method (but you can also choose to review quotes for other methods).

3.4 If you decide to reserve a vehicle by paying a reservation fee:

3.4.1 When you click on “Reserve with Stripe” you will be directed to Stripe to make the payment.

3.4.2 After paying a reservation fee, you will receive an email from us that acknowledges receipt. Please note that this does not mean that your reservation has been accepted. All reservations are subject to acceptance by us, as we need to check that the car has not already been sold or reserved by someone else. We will confirm our acceptance of your reservation by sending you a confirmation email (the "Reservation Confirmation").

3.4.3 Your vehicle will be reserved for up to 5 days. We will be in contact with you to discuss the next steps required to complete your purchase. Please note that if there are any bank holidays in Scotland which fall during the 5 days following the date your order is placed, these will not be included in the reservation period. In this case, the following clauses apply:

3.4.3.1 If there is outstanding balance on your order, the ‘payable by’ date shown during the process and on your confirmation period will in actual fact be extended by the number of bank holidays which fall during that period.

3.4.3.2 Orders placed on or shortly before bank holidays will not be processed until our next normal working day.

3.4.4 If you would prefer not to use the online process but would still like to purchase a vehicle from us please contact us on 01905 423322 (Honda Worcester), 01905 830 361 (Skoda Worcester), 01905 820777 (Renault, Peugeot, Suzuki Worcester), 01527883800 (KIA, Peugeot, Suzuki Redditch).

4. Delivery

4.1 During the online order process, you will be asked to choose how you would like to receive your vehicle. You will be given the following options:

* - collection from the dealership where the car is currently located;

* - delivery to your home address

4.2 Depending upon the delivery option you chose, there will be an associated cost which will be displayed at the point of selection. If you choose delivery to your home address, you will be advised of the associated cost which will be added to your order and must be paid prior to delivery taking place.

4.3 While we will make every effort to deliver the vehicle ordered by the agreed delivery date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, we will contact you to agree an alternative delivery date.

4.4 If we fail to deliver the vehicle within 28 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice. If then the vehicle is not delivered to you within the seven days, this Agreement will be cancelled and any money paid will be returned and neither party will have any further responsibility to the other.

4.5 If you have chosen for the vehicle to be delivered to your home and you are not at home at the agreed delivery time, we will contact you to rearrange delivery. If you do not re-arrange delivery, or you do not collect the vehicle from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs.

4.6 If you have ordered an electric vehicle and choose to have this delivered to your home address rather than collect it, it will be delivered by a transporter and not driven, and you will be required to pay the associated cost prior to delivery.

5. Handover

5.1 We may need certain information from you prior to delivery/handover of the vehicle and you will be advised of this. This may include a valid driving licence displaying your current address, a recent utility bill relating to your current address and a credit or debit card with your signature on. If you do not give us this information, or if you give us incomplete or incorrect information, we may either terminate this Agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the vehicle late if this is caused by you not giving us the information we need.

6. Cancellation / Withdrawal

6.1 If you are a consumer and you have changed your mind about an order for a vehicle that you have placed online, you can cancel your order at any time before delivery. To exercise the right to cancel, you must inform us in writing of your decision to cancel the Agreement (e.g. letter sent by post, fax or e-mail).

6.2 If you are a consumer you may give notice cancelling this Agreement within 14 days of taking delivery of the vehicle/goods. To exercise the right to cancel, you must inform us in writing of your decision to cancel the Agreement.

6.2.1 In the event of a cancellation, it is your responsibility to return the vehicle to us in the same condition and specification as it was delivered. You will be responsible for the direct cost of returning the vehicle. You must ensure that the vehicle is returned with the same items with which it was sold. This includes (but is not restricted to): service packs, manuals, hand-books, locking wheel nuts, entertainment systems, tools & keys. If you have altered, modified, personalised, or adapted the vehicle in any way you will have no right of cancellation.

6.2.2 We will make a deduction from the reimbursement if the vehicle has suffered any diminished value due to you handling or using it beyond what is necessary to establish its nature, characteristics and function; i.e. handling or use beyond what a customer would reasonably undertake when appraising and test-driving a vehicle at a dealership prior to purchase.

6.2.3 The V5C registration document must be returned to us as soon as you receive it from DVLA. This forms part of the goods and no reimbursement will be made until this is received.

6.2.4 Providing the vehicle is returned to us in line with the conditions stated, we will process any reimbursement due within fourteen days of the date the Vehicle or V5C registration document (whichever is the later) is received by us. The reimbursement will be executed in the same way that payment was originally made, less any deduction for diminished value and less any amount you paid to have the vehicle originally delivered.

6.3 If the cancelled Agreement involved a part-exchange vehicle, we will return the part-exchange or pay the agreed part-exchange value to you at our discretion.

6.4 If you have committed to a finance agreement, you must inform the finance company immediately of the cancellation in writing. You will be liable for any early termination fees. We do our best to avoid such fees, and only apply them if the finance provider charges such a fee.

7. Our rights to end the Agreement

7.1 We may terminate this Agreement if you break it at any time by writing to you if:

7.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to complete delivery;

7.1.3 you do not, within a reasonable time, allow us to deliver the vehicle to you or collect it from us;

7.2 You must compensate us if you break the Agreement and we choose to terminate in any of the situations set out in clause 7.1. We will refund any money you have paid in advance but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the Agreement.

8. Ownership and Legal Responsibility

8.1 The vehicle will belong to us until we have received cleared funds to the value of the total order price. However, you will be responsible for any loss or damage from when the vehicle is delivered to you, and should insure accordingly.

9. Tax Changes

9.1 If the rate of value added tax, road fund licence (vehicle excise duty) or first registration fee changes between the date of order and the date of delivery, you must pay the amount current at the point of delivery.

10. Limitation of Liability

10.1 We will not be liable to you if any failure or delay in our performance under this Agreement is caused by circumstances beyond our reasonable control (such as acts of God, war, terrorism or industrial action).

10.2 Unless set out otherwise herein, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the Agreement) to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill or agreements and for any indirect, consequential or economic loss. The limitations in this clause will not apply in cases of fraud, death or personal injury.

11. Alternative Dispute Resolution

11.1 Startin Group is accredited by The Motor Ombudsman and will always attempt to resolve any disputes quickly and efficiently. We would encourage you to speak to us directly about any concerns or complaints you have. However, if you are a consumer and remain dissatisfied with the outcome and explanation we have provided, we recommend you contact The Motor Ombudsman at www.themotorombudsman.org. Their decision will be legally binding on both Startin Group and you, as the consumer.

12. Misc.

12.1 GDPR legislation requires us to have a Data Privacy Notice which informs you how we process your data while in our possession. If at any time you wish to opt out of any communication from us, or wish for your personal details to be amended or deleted from our records, please email your request to:  gdpr@startingroup.co.uk

12.2 You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied.

12.3 Any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed. It will be assumed that such a notice has been received by the addressee no later than two days after posting.

12.4 Any telephone calls made between you and us may be recorded and the contents of such conversations used to support this Agreement.

12.5 This Agreement is subject to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusion jurisdiction in relation to this Agreement.

12.6 No other person has any right to enforce any of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. Any rights not expressly granted herein are reserved.

12.7 It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.

12.8 In the event of a complaint, please contact us in writing.

 

Terms & Conditions of Sale

 

1. Definitions

1.1 “The Dealer”, the person designed overleaf who is the vendor of the goods to the customer.
1.2 ”The Customer”, the person designed overleaf, contracting for goods and services to be supplied by the Dealer.
1.3 ”Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.4 ”Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof.

2. Whole Contact

2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

3. Interpretation

3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Written Confirmation

5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.

6. Time Not of the Essence

6.1 Unless specifically agreed the date for delivery of the goods is not known at time of sale. Any date provided is an estimate only. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.
6.2 If the Dealer shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 7 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 7 days the contract shall be cancelled.

6.2 Unless specifically agreed the dealer is not responsible for any delays caused by issues outside of their control, including any import or export delays.

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
7.1 this Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer  shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.
7.2 the Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save in the case of consumer sales (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
7.3 notwithstanding the sum for Car Tax, import duties (or similar taxes or levies),  or surcharge imposed by the vehicle manufacturer specified in the order, the sum payable by the Customer in respect thereof, shall be such sum as the Dealer has legally had to pay or become legally bound to pay for Tax in respect of the Goods. Notwithstanding  also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.
7.4 if after the date of this order and before delivery of the Goods to the Customer, the manufacturer or concessionaires recommended price for any of the Goods shall be altered, the Dealer shall give notice of any such alteration to the Customer, and
7.4.1 in the event of the manufacturer’s or concessionaries recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the Increase in the price shall be added to become part of the contract price.
7.4.2 in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.
7.5 in the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.

7.6 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.

8. Used Goods

8.1 if the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation).
8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
8.1.2 Prior to signing this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination overleaf and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
8.2 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.

         9. Variation

9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

10. Delivery and Payment

10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

11. Place of Delivery

11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

12. Repudiation by Customer

12.1 If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.

12.2 Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to re sell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.

 12.3The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

13. Loss or Damage

13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle and in respect of any loss or damage not the responsibility of the Dealer, must rely upon his own Insurance.

14. Return of Deposit

14.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

15. Retention of Title and Risk

15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered by the Dealer to the Customer. Delivery shall take place at the premises of the Dealer unless the parties otherwise agree in writing.
15.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
15.3 Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
15.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or If they, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Dealer may for the purposes of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
15.5 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times Identifiable as the Dealer’s monies.

16. Right of Lien

16.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

17. Part Exchange

17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle to the Dealer, in consideration of such allowance it is hereby agreed to be given and received and such used Vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Goods and upon the following further conditions.
17.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf.
AND
17.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
OR
17.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
17.2 that if the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted)
17.3 that such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
17.4 That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for Delivery.
17.5 if the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days , to the date of delivery to the Customer of the Goods.
In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

18. Authority to Contract

18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.

19. Authority to Uplift

19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

20. Authority to Drive

20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

21. Finance

21.1 Notwithstanding the provisions of this agreement the Customer shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.

22. Notices

22.1 all written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown overleaf.

23. Export Outside The UK & EU

23.1 The Dealer reserves the right to cancel this order if it believes that;
23.1.1 The Customer intends to resell the Goods outside the UK or European Union (Contract Territory) for commercial gain within a period of 12 months; or
23.1.2 where the Customer is a corporation its place of business is not within the UK or European Union ; or
23.1.3 where the Customer is a finance company, that the Goods are not being purchased on behalf of an end user and such end user is not resident nor has its place of business within  the UK or European Union.
23.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the UK or European Union.

 

24. Distance Selling

24.1 If, and only if, the Customer has acted as an individual (including sole traders) acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession and this Agreement has been completed without any face to face contact between us and you, or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.

24.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods.  To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf. You may use the attached model cancellation form if you wish.

24.3 To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired. 

24.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-

1. a)    14 days after the day on which the we receive the Goods back; or
2. b)    (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
3. c)    If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.

24.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement. 

24.6 We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest.  You should send back the Goods or deliver them back to us at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.

24.7 This deadline is met if you send back the Goods before the period of 14 days has expired.  We will require that you bear the cost of returning the Goods to us. 

24.8 You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.

24.9 You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

 

25. Storage Charges

 

25.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.

 

26. Data Protection

 

26.1 The Company will hold the information overleaf for sales, service and warranty purposes as Data Controllers. This information will be used to perform our obligations to you and to regulatory authorities may be passed to other carefully selected third party organizations. Any data provided will be used in line with our data and privacy policies which are available on request.

 

26.2 All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.”

 

27. Dispute resolution/ Jurisdiction

 

27.1This Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

27.2 In the event of a dispute the parties agree to attend Alternative Dispute Resolution process, details to be provided upon request.

 

 

Model Cancellation Notice

 

[INSERT ADDRESS

HERE

INCLUDING EMAIL/FAX NUMBER]

 

Dear [YOUR NAME HERE]

 

Re:                                 [INSERT PRODUCT DESCRIPTION]

Ordered on:               [INSERT DATE HERE]

received on:              [INSERT DATE HERE]

 

[I/We]  hereby give notice that [I/We] cancel [my/our] contract of  sale of  the [goods /service] above

 

Name of consumer(s),

Address of consumer(s),

 

 

Signature of consumer(s)

Date

[*] Delete as appropriate,