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TERMS & CONDITIONS
DEFINITIONS
In this Agreement the following words shall have the following meanings:
"Agreement" means the terms and conditions set out below which govern the supply of a Vehicle by the Company to the Customer or the provision of Sourcing Services (as the case maybe);
"Agency Services" means the charity donation collection services the Company provides on behalf of the Nominated Charities
"Company" means Cars4Charities Limited
"Customer" means you, the person utilising the services of the Company
"Confirmation Form" means the electronic form of reply in which the Company accepts the offer made by the Customer in the Order Form and which may include additional details such as estimated delivery date, delivery charges (if applicable) and any other relevant details.
"Donation" means a payment to a given Nominated Charity by a Customer (and paid on its behalf by the Company) equal to one percent (1%) of the difference between the Price actually paid by a Customer under the Agreement for a Vehicle (or in the case of paragraph 10 paid to the Supplier) and what the Company states is the recommended retail price for that Vehicle.
"Finance Agreement" means the finance agreement between the Customer and any Finance Provider that is applicable to the sale and finance of a Vehicle;
"Manufacturer" means the actual manufacturer, dealership or other third party from whom the Company sources a Vehicle.
"Finance Provider" means the financial institution nominated as such by the Company from time to time;
"Nominated Charities" means those charities that have appointed the Company to provide Agency Services a current list of which can be obtained at http://www.cars4charities.co.uk/
"Order Form" means the electronic or hard copy order form in which the Customer makes an offer to purchase a Vehicle at a specified Price and details any Specifications, whether home delivery is required, requested delivery date and any other relevant details;
"Price" means the price for the Vehicle and associated costs (other than any delivery charge) as stated in the Order Form;
"Site" means the Company's website which can currently be found at www.cars4charities.co.uk;
Specifications" means the specifications or optional extras applicable to a Vehicle;
"Supplier" means a third party supplier whose details the Company passes onto the Customer pursuant to paragraph 10;
"Sourcing Services" has the meaning given in paragraph 10.
"Vehicle" means a car, van or other vehicle sold to the Customer by the Company;
1. IMPORTANT POINTS TO NOTE
1.1 The Company provides two types of vehicle related service. It normally will supply Vehicles to Customer directly. However the Company can also simply find a vehicle for a Customer and put the Customer in touch with the Supplier so that the Customer can order the vehicle directly from that Supplier.
1.2 By signing an Order Form, the Customer agrees to be bound by this Agreement without separately signing the agreement. Should the Customer enter into a Finance Agreement, the Customer will be entering into a separate agreement with the Finance Provider governing the sale and finance of the vehicle, which will apply instead of this Agreement.
1.3 If the Customer only appoints the Company to supply Sourcing Services the Customer will enter into a direct contractual relationship with the Supplier, the terms of which will exclusively govern the purchase of any vehicle by the customer from the Supplier
1.4 The Company has been appointed to provide Agency Services for the Nominated Charities. The Customer will be asked to choose one of the Nominated Charities to which it would like to make a Donation. Donations will be made to the Nominated Charities no more than four times a year to ensure the process is as efficient as possible and to keep administrative time and fees to a minimum.
1.5 The Confirmation Form will show a "total savings" amount, which is the difference between the price of the Vehicle and the recommended retail price for that vehicle. The 1% donation payment will be calculated on this total savings number.
1.6 By signing the Order Form (or in the case of electronic communication simply by returning the Order Form), unless paragraph 10 below applies, the Customer agrees that these terms and conditions will apply to its purchase of the Vehicle from the Company. In the event of any inconsistency, the Customers rights as a UK consumer prevail over these terms and conditions.
1.7 If the Customer is buying a pre-registered Vehicle his attention is drawn in particular to paragraph 7 of this Agreement. If a Customer has any questions as to exactly what pre-registered vehicles are and the ramifications of purchasing one he should speak to a Company representative before completing his Order Form. In addition information and guidance notes as to the registration of vehicles in the United Kingdom can be found on the DVLA website, currently at http://www.dvla.gov.uk/forms/pdf/INS160.pdf.
1.8 Because of the manner in which the Company sources Vehicles, a Manufacturer will sometimes have to increase the price quoted to the Company for any Vehicle. Customer's are asked to note this and to carefully read the Company's rights should this event occur as set out in paragraph 2.5.
1.9 If a Customer takes advantage of the finance provided by the Finance Provider then, in addition to any other amounts due to the Company from the Customer, the Company will charge the Customer a one off £150 (plus VAT) introduction fee that is payable immediately or in any event no later than on acceptance by the Finance Provider of the Customer.
2. OFFER AND ACCEPTANCE
2.1 If the Customer wishes to purchase a Vehicle from the Company, the Customer shall return an Order Form properly completed. This Order Form shall be deemed an offer from the Customer to the Company to purchase the Vehicle detailed in the Order Form and is subject to acceptance (by way of electronic or hard copy Confirmation Form) from the Company. Only once the Customer has received this written acceptance from the Company will a binding contract between the Company and the Customer be created.
2.2 The Order Form must be carefully reviewed and returned to the Company either via electronic means, post or fax. Postal and faxed returns must also be signed by the Customer By returning the Order Form, the Customer agrees that if its offer is accepted it will purchase a Vehicle from the Company with the Specifications and at the Price set out in the Order Form and otherwise in accordance with the terms of this Agreement. The Order Form and this Supply Agreement will govern the Customer's relationship with the Company.
2.3 If the Company accepts the Customers offer (as set out in the Order Form) it will send a Confirmation Form to the Customer. This form may include additional terms (such as estimated delivery date, delivery charges etc) but unless the form contains a change to the Price of the Vehicle it shall not be deemed a new offer but only an acceptance of the Customer's original offer.
2.4 The Customer acknowledges that once the Company has commenced provision of certain services after acceptance of the Customer's Order Form it will incur certain costs that will not be refundable in the case of a cancellation, even where the cancellation is allowed under paragraph 8 of this Agreement.
2.5 The Customer acknowledges that the price quoted by the Company and agreed to in the Order Form may be revised by the Company at any time up until delivery of the Vehicle to the Company in the event that the Manufacturer revises its own price to the Company. The Customer's rights in this circumstance are governed by paragraph 3.1 (B).
3. VEHICLE SPECIFICATIONS AND PRICE
3.1 The Order Form will attach detailed Specifications and the Company will order the Vehicle in accordance with these Specifications. By returning the Order Form, the Customer confirms that he wishes to purchase a Vehicle with those Specifications at the Price. After the Customer's Order Form is accepted by the Company, the Specifications and Price are fixed and may only be changed if, between the date the Company accepts the Customer's Order Form and the date the Company notifies the Customer that the Vehicle is ready for delivery:
(A) the manufacturer changes the Specifications or model year then the Customer will have the option either to accept the Vehicle with the changed Specifications or model year (and pay any resulting increase to the Price) or cancel, within 14 days of notice of such change being provided by the Company, the order and receive his deposit back in full. If the Customer decides to cancel then the cancellation fee referred to in paragraph 8.2 of this Agreement will not be payable;
(B) the manufacturer increases its price for the Vehicle for any other reason then the Customer will have the option either to pay the increase or cancel, within 14 days of notice of such change being provided by the Company, the order and receive his deposit back in full. If the Customer decides to cancel then the cancellation fee referred to in paragraph 8.2 of this Agreement will not be payable;
(C) the cost of road tax licence or the rate of value added tax increases then the Customer will be required to pay the increased amount.
3.2 The Customer's right to cancel as set out in paragraph 3.1(A) and (B) shall immediately terminate on the sooner to occur of (i) the expiry of the 14 day period given for cancellation and (ii) the Customer taking delivery of the Vehicle (without prejudice to the Customer's right to cancel under paragraph 8 of this Agreement). If no notice is given then the increased price and/or modified Specifications or model year shall form part of the agreement between the Customer and the Company.
4. PAYMENT
4.1 All Vehicle prices quoted include VAT, number plates, 12 months Road Tax Licence and, if applicable, the First Registration fee. Please note that fees may be payable in addition to the Price in accordance with paragraph 4.5 of this Agreement.
4.2 Prices on the Site are for information purposes only and do not constitute an offer by the Company capable of acceptance by the Customer. A contract will not exist between the Customer and the Company for the sale of a Vehicle until the Company has confirmed to the Customer via a Confirmation Form that it has accepted the Customer's offer as set out on the Order Form.
4.3 A deposit of ten percent. (10%) of the Price (but subject to a minimum of £250) will be required by the Company from the Customer. The Customer must pay the deposit either prior to or at the same time as he submits the Order Form. The Company will not order any Vehicle until it has received that Vehicle's deposit in cleared funds. If the Company does not accept any Customer Order Form then the deposit shall be promptly be returned to the Customer.
4.4 Payment of the balance of the Price must be made either (i) by bank transfer to an account nominated by the Company (the "Account") (ii) with a bankers draft (iii) by debit card. The Company will not deliver any Vehicle to a Customer until it has received the total Price (and any additional fees) in cleared funds. If the Customer intends to pay by bankers draft then he must also provide proof of identity and a copy of a recent utility or other similar bill showing proof of address.
4.5 Where fees are applied to the payment method chosen these will be passed onto the Customer in addition to the Price. (Please note that prices on the Site do not include these fees.) Where payment is made by debit card the relevant consumer and credit legislation will apply.
5. DELIVERY AND DELAYS
5.1 The estimated delivery time given to the Customer by the Company (if any) represents the Company's best estimate at that time of the time it will take for the Vehicle to be delivered. This is based on information provided by the manufacturer and may be subject to manufacturer and other delays.
5.2 The Company will do all that it reasonably can to deliver the Vehicle to the Customer by any estimated delivery date and will inform the Customer as soon as practicable if it is unable to deliver the Vehicle by that estimated delivery date. However the Company does not guarantee the date of delivery and will not be liable for damages or claims of any kind any delay in the delivery of the Vehicle, nor shall the Customer have any rights to cancel the purchase of the Vehicle as a result of any such delays. The Customer should be aware that it is not uncommon for delays to occur.
5.3 If the Vehicle the Customer submitted an Order Form for is not available, the Company will contact the Customer to provide possible alternatives.
5.4 Should the Customer request a delayed delivery for any reason then the Company agrees to do all that it reasonably can to keep the Vehicle at its, or a third party's, premises. The Customer agrees to pay a storage fee of £150 per month (or part thereof) for storage of the Vehicle.
5.5 The Customer may choose to collect the Vehicle from the Company's premise, currently located at The Saturn Centre, Bedford Heights, Manton Lane, Beds. MK41 7PH or may request that the Vehicle is delivered to the Customer. If the Customer chooses to have the Vehicle delivered, the Company will arrange with the Customer for delivery to the Customer's home or office. Deliveries are restricted to mainland UK and the cost of delivery is dependent on the delivery location. If home of office delivery is requested the cost of this will be included on the Confirmation Form or otherwise will be provided prior to the date of delivery.
5.6 If the Customer chooses to have the Vehicle delivered, then on delivery the Vehicle may not be totally clean and may have suffered reasonable wear and tear as a result of the journey. The Customer accepts that the Company will not be liable for such wear and tear unless it goes beyond what could reasonably be expected as a result of the journey.
5.7 If the Customer shall fail to take delivery of the Vehicle within 14 days of notification that it is ready for collection the Company shall be at liberty to treat the Agreement as repudiated by the Customer and thereupon the deposit shall be forfeited by the Customer (without prejudice to the Company's right to recover from the Customer by way of damages any loss or expense which the Company may directly suffer or incur by reason of the Customer's default).
6. ACCEPTANCE
6.1 The Customer will inspect the Vehicle on delivery to check that it does not have any of the following: (i) (in respect of a brand new Vehicle only) mileage in excess of 200 miles on the odometer (unless the Customer has waived this and is having the Vehicle driven to him); (ii) any damage; or (iii) missing Specifications to the Order Form or any amendment thereto (as applicable but except insofar as such changes have been dealt with under Paragraph 3.1 (a)). If any of the foregoing exists, the Customer will inform the Company immediately at the point of delivery, notate it on the delivery sheet and it will be corrected, except that if there is structural damage such that the Vehicle, or its use on public highways, is in breach of the Road Traffic Act 1988 (as may be amended)a replacement Vehicle will be obtained by the Company.
6.2 Where a Vehicle is properly rejected under Paragraph 6.1 of this Agreement, the Company will arrange for collection from the Customer until which time the Customer agrees to keep the Vehicle in a safe and covered area and otherwise ensure the condition of the Vehicle does not deteriorate or change in any way.
7. TITLE
FIRST REGISTRATION VEHICLES
7.1 All such vehicles will remain the property of the Company until payment of the Price is received in full by the Company in accordance with this Agreement.
7.2 All such vehicles will remain the responsibility of the Company until the Customer takes delivery of it.
PRE REGISTERED VEHICLES
7.3 The Company may, in certain circumstances, have pre-registered Vehicles advertised on the Site. If a Customer makes an offer for such a pre registered Vehicle the Company will send the Customer information as to exactly what this means.
7.4 Although physical possession of a pre-registered Vehicle will transfer to the Customer on receipt of full payment, the V5C documentation for the pre registered Vehicles may remain with the original supplier for a period of up to 24 weeks after the sale to the Customer. The Customer recognises and accepts that he is obtaining a Vehicle at a significantly cheaper price because it has been pre-registered and therefore accepts that the transfer of the registration of the Vehicle may be delayed for this length of time.
7.5 All pre-registered Vehicles will remain the responsibility of the Company until the Customer takes physical delivery of it. Once delivery has occurred (and even though title may not have transferred) the Vehicle will become the responsibility of the Customer. In addition, and notwithstanding the fact that the Customer may not be the registered keeper of the vehicle, the Customer shall, at all times from the time he takes physical delivery of the Vehicle, be responsible for the Vehicle's day to day use on the road and is the person who is liable for licensing the Vehicle and to whom the Company can direct police and other enforcement authority enquiries (e.g. in respect of motoring or parking offences).
8. CANCELLATIONS
8.1 The Company may cancel the Customer's order if any of the following occurs:
(A) the manufacturer ceases to supply the type of Vehicle ordered;
(B) the Order Form has been accepted by the Company upon the basis of a substantive error in relation to any term of the Order Form including a typographical or mathematical error with respect to the Price or Specification;
(C) the Customer materially breaches any term of this Agreement, including failure to make any payments when due or payments being refused by the Customer's bank or credit card company;
8.2 If the Company cancels the Customer's order pursuant to paragraph 8.1 (C) of this Agreement, then the Company will try to find an alternative buyer for the Vehicle. If the Company cannot find an alternative buyer, it reserves the right to forfeit some or all of the Customer's deposit as compensation for any losses caused directly by the Customer's breach (without prejudice to the Company's right to recover from the Customer by way of damages any loss or expense which the Company may directly suffer or incur by reason of the Customer's default).
8.3 The Customer may cancel his order:
(A) if the Company materially breaches this Agreement;
(B) if the Order Form has been formed upon the basis of a substantive error in relation to any term of the Order Form including a typographical or mathematical error with respect to the Price or Specification; or
(C) in the circumstances outlined in paragraph's 3.1 (A) and (B) of this Agreement.
8.4 In addition, the Customer has a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel his order for any reason without charge. This cancellation right begins on the date the Confirmation Form is sent by the Company and ends on the expiry of the period of 7 working days beginning with the day after the day on which the Customer takes delivery of the Vehicle. Any monies the Customer has paid will be returned (other than the Donation). However the Customer will not have this right of cancellation if the Vehicle has been made to the Customer's Specification or has had Specifications added that have clearly personalised the Vehicle.
8.5 If the Customer exercises its right under Paragraph 8.3 or the Regulations to cancel its order after delivery of the Vehicle, the Customer:
(A) will at the Company's option either return the Vehicle to the Company at the Customer's expense or allow the Company to collect the Vehicle from the Customer. If the Company elects to collect the Vehicle from the Customer it will be entitled to charge the Customer an amount equal to its direct costs of recovery; and
(B) must keep the Vehicle in a good condition until it is either returned or collected, and this means that the Customer may not increase the mileage shown on the Vehicle's odometer by more than 100 miles compared with the mileage at the time of delivery.
8.6 The Customer must, when the Vehicle is returned or collected, provide to the Company the keys, V5C registration document and all other documentation and items supplied with the Vehicle.
8.7 If the Vehicle has suffered any damage which was not caused by the Company, then the Customer will still be entitled to cancel his order as allowed in this paragraph 8 but the Company will be entitled to reduce the amount to be refunded following cancellation to compensate for the cost of repairing the damage and/or any reduction in the Vehicle's value.
8.8 If the Customer exercises its right under Paragraph 8.3 (B) or (C) or the Regulations to cancel its order (whether before or after delivery of the Vehicle) then the Company shall be entitled to change a £250 (plus VAT) administration fee in respect of its costs in processing and dealing with that order.
9. CHARITABLE DONATIONS
9.1 The Order Form has on it a section asking the Customer to choose the Nominated Charity to which he wishes the Donation to be made. A current list of the Company's Nominated Charities is available here
9.2 The Company provides Agency Services to all the Nominated Charities. However as it is acting as an agent the Donations do not belong to the Company. Accordingly any refunds due to the Customer pursuant to paragraph 8 of this Agreement or otherwise shall not include the Donation.
9.3 If no Nominated Charity is chosen by the Customer the Company will decide to which Nominated Charity the Donation is made.
10. SOURCING SERVICES
10.1 If the Company does not sell the Customer any goods but simply finds a Supplier who has the vehicle that the Customer wants then the Company will give the Customer the contact details of that Supplier (the "Sourcing Service").
10.2 If the Company has provided only Sourcing Services the Donation will be paid by the Company on receipt from the Supplier of the Donation.
10.3 If the Company only provides Sourcing Services any contract or other legally binding agreement will exist only between the Customer and the Supplier.
10.4 Under the Regulations the Customer has a right to cancel the Sourcing Services for any reason without charge. This cancellation right begins on the date the Company agrees to commence provision of the Sourcing Services (the "Acceptance Date") and ends on the expiry of the period of 7 working days beginning with the Acceptance Date (the "Cancellation Period"). However, this right will not apply if the Company has with the Customer's agreement begun to perform the Sourcing Services prior to the expiry of the Cancellation Period.
11. WARRANTIES, LIABILITY AND INDEMNITY
11.1 The Company warrants that the Vehicle:
(A) is of satisfactory quality;
(B) complies in all respects with the Specifications unless the manufacturer changes the model specifications or model year provided that the Customer has agreed to this in accordance with (and subject to) Paragraph 3 of this Agreement; and
(C) (in respect of brand new cars only) is brand new and has not previously been driven (although may have necessary movement mileage).
11.2 Nothing in this Agreement is intended to limit or exclude the Company's liability for death or personal injury or for fraudulent misrepresentation or any liability that may not legally be limited or excluded.
11.3 Subject to Paragraph 11.2 of this Agreement, the Company's total liability howsoever arising out of or in connection with this Agreement will be limited to the Price of the Vehicle supplied (less any Donation paid).
12. COMPLAINTS
Any Customer complaints should be addressed to Cars4Charities Ltd The Saturn Centre, Bedford Heights, Manton Lane, Bedford, MK41 7PH. Alternatively Customers can call us on 01234 218210 or e-mail us at info@cars4charities.co.uk to discuss any complaint they may have.
13. DATA PROTECTION
13.1 In the performance of this Agreement, the Company will collect certain personal information relating to the Customer (such as name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"), but the Company will not collect or process sensitive personal information relating to the Customer without the Customer's explicit consent.
13.2 A Customer's Personal Information will be processed by the Company for the following purposes (collectively "the Purposes"):
(A) the performance of this Agreement;
(B) to enable the Company to view the Customer's dealings on the Site;
(B) by the Finance Provider to check the Customer's credit record with any credit reference agencies and for fraud prevention purposes (which will include the supply of Personal Information to third parties for such purposes) should the Customer decide to apply for a Finance Agreement with the Finance Provider;
(C) to keep the Customer informed by post, telephone, e-mail or other electronic means about products and services which may be of interest;
(D) by the Nominated Charity chosen by the Customer (or such charity's agent) to keep the Customer informed by post, telephone, e-mail or other electronic means about that charity's work or products and services.
13.3 The Customer consents to being contacted by the methods set out in paragraph 13.2 for the purposes set out therein.
13.4 A Customer that does not wish to receive information from the Company or Nominated Charity must notify the Company by e-mail at info@cars4charities.co.uk. The Customer must include his name and address and state one of the following in the e-mail to:
Please don't contact me except for Company related products and services Please don't contact me except that my nominated charity may contact me Please don't contact me for any products and services
13.5 For the Purposes, the Company may transfer or disclose Personal Information to professional advisers and to such other parties as it considers necessary or helpful in the administration of this Agreement or if required by law or otherwise.
13.6 By entering into this Agreement, the Customer consents to the processing and disclosure of the Personal Information. The Customer also agrees that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following Customer notification.
13.7 The Company agrees to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
13.8 If the Customer wishes to update or correct any inaccuracies in his Personal Information or if the Customer has any other comments or complaints in relation to this Agreement or the Order Form please let the Company know by e-mail to info@cars4charities.co.uk
14. COOKIES
14.1 Cookies may be used by the Company to gather information about the Customer's purchasing preferences. They may also be used to allow the Customer to carry information across pages of the Site and avoid having to re-enter information, to help the Company recognise the Customer as a unique visitor when the Customer returns to the Site and to allow the Company to tailor content or advertisements to match the Customer's preferred interests. to avoid showing the Customer the same adverts repeatedly or to compile anonymous, aggregated statistics that allow the Company to understand how users use the Site and to help the Company improve the structure of the Site.
14.2 The Customer has the ability to accept or decline cookies by modifying the settings in his browser. However, all the interactive features of the Site may not work if cookies are disabled.
14.3 If you do not want the Company to the store or access the information provided to the Company by cookies please send the Company an email to info@cars4charities.co.uk requesting the same.
14.4 Further information on cookies can be found on www.allaboutcookies.org
15. PERFORMANCE
The Company's performance under this Agreement will be excused if the Company is unable to perform due to any cause beyond its reasonable control.
16. AMENDMENTS
Any amendments or modifications to this Agreement (including any made by a Customer to the Order Form) must be in writing and agreed by the Company and the Customer. For the avoidance of doubt, the Finance Agreement will be a separate agreement made between the Customer and the Finance Provider and this Agreement is a separate agreement made between the Company and the Customer.
17. NOTICES
Any notice under this Agreement (including any amendment to the Order Form) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.
18. ASSIGNMENT
18.1 The Company may at any time without prior notice to the Customer cause all or any part of the Company's rights, benefits and/or obligations under this Agreement to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which the Company transfers all or a significant part of its assets by delivering to the Customer a written substitution notice.
18.2 This Agreement is personal to the Customer and the Customer may not transfer it without the Company's prior written approval. Such approval will not be withheld without good reason.
19. YOUR RIGHTS/THIRD PARTY RIGHTS
19.1 The terms of this Agreement shall not affect the Customer's statutory rights.
19.2 A person who is not a party to this Agreement shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.
20. FINANCE
Any Finance Agreement signed by the Customer will replace this Agreement.
21. THE SITE
21.1 The Site is a place for the Customer to view details of Vehicles for which orders may be made by Customers. Unless otherwise specified, the materials on the Site are directed solely at consumers who access this Web site from the United Kingdom. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
21.2 The Company neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site.
21.3 The Company has taken care in the preparation of the Site's content. However the Company cannot guarantee that the information will always be completely up to date and free of mistakes. To the maximum extent permitted by applicable law, the Company disclaims all warranties of whatever nature, express or implied, as to the accuracy of the information contained in any of the materials on the Site and neither the Company nor any of its directors, or related companies will accept liability for any loss, claim or damage arising as a result of problems with access to or use of the Site.
21.4 The models pictured on the Site are indicative of the model generally, and may include optional extras, and should not be taken as representing any Vehicle chosen.
21.5 Certain links in the Site may lead to other Web sites, which are not under the Company's control. When activated the Customer will leave the Site and the Company has no control over and will accept no responsibility or liability for the material on any Web site which is not under its control.
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