“we”, “us”, “our” means the
Supplier
“Conditions” means the terms and
conditions set out in this document.
“Contract” means the legally-binding agreement between the Supplier and the
Client for the sale and purchase of the Vehicle which incorporates these
Conditions.
“Privacy Policy” means the
Supplier’s statement about the use of Clients’ information and their contact
details for the purposes of the Data Protection Act 2018 and the Privacy and
Electronic Communications (EC Directive) Regulations 2003 (as these may be
amended or re-enacted from time to time)
These Conditions (together with
the documents referred to in it) tells you the terms and conditions on which we
supply a vehicle (“Vehicle”) whether through our website (“our site”) or
otherwise to you. Please read these Conditions carefully. You should understand
that if you purchase a Vehicle the purchase will be subject to these Conditions and you agree to be bound by these Conditions.
When you use our site, you
acknowledge that our site is only intended for use by people resident in the
United Kingdom.
By submitting a request for
formal quote (“Request for Formal Quote”) through our site, you warrant that:
(a) You are legally capable of
entering into binding contracts; and
(b) You are at least 18 years
old; and
(c) You hold a full UK driving
licence, and
(d) You are resident in the
United Kingdom, and
(e) You are accessing our site
from the United Kingdom, and.
(f) That the Vehicle’s stated
mileage on the Request for Formal Quote is accurate.
After submitting the Request for
Formal Quote for a Vehicle whether via our site, email, or phone, you will
receive an e-mail from us acknowledging that we have received your request. We
will then send you an email explaining the actions you need to take, a Vehicle
Purchase Order and a summary of the Mechanical Guarantee and Roadside Recovery
package that may be included with the vehicle sales. Your signature on the
Vehicle Purchase Order constitutes an offer by you to us to buy the Vehicle in
accordance with these Conditions. This offer is subject to acceptance by us,
and we will confirm such acceptance to you by sending you an e-mail. We reserve the right at all times to reject any Vehicle
Purchase Order, in whole or in part, at our sole discretion. The contract between us which incorporates
these Conditions (“Contract”) will only be formed when we receive the signed
Vehicle Purchase Order completed in full and payment in cleared funds. The
Contract will relate only to the Vehicle the details of which we have confirmed
in the Vehicle Purchase Order. We will
not accept any variation to these Conditions, the Vehicle Purchase Order or
quotation from us unless the variation is expressly agreed by us in writing and
signed by a duly authorised signatory on our behalf.
We will not arrange for either a
safety check of the Vehicle or for cleaning of the Vehicle.
7.1 The Vehicle will be at your
risk from the time of delivery, or, if already in your possession, from the
date the Contract is formed. We will not
be liable for any loss or destruction of the Vehicle occurring after the time
of delivery, or where the Vehicle is in your possession, from the date the
Contract is formed.
7.2 Ownership of the Vehicle
will only pass to you when we receive the signed Vehicle Purchase Order and
full payment in cleared funds of all sums due in respect of the Vehicle.
8.1 The price will be the amount
stated on the Vehicle Purchase Order and is valid for 7 days from the date the
quote was provided. After this time a new quotation will be required. Prices
provided on cars include VAT. Prices provided on commercial vehicles exclude
VAT.
8.2 Despite our best efforts, it
is always possible that we provide you with an incorrect quote. We will verify
the price as part of the Request for Formal Quote process. We are under no
obligation to provide the Vehicle to you at the incorrect (lower) price, even
after we have sent you a Vehicle Purchase Order, if the pricing error is
obvious and unmistakeable and could have reasonably been recognised by you as a
miss-pricing.
8.3 Payment for a Vehicle must
be by electronic transfer to the bank details set out on the sales invoice.
We will comply with the
requirements of the Data Protection Act 2018 in respect of the personal data
you provide to us in order that we can respond to a Request for Formal Quote
and Vehicle Purchase Orders. Your
information will be processed in accordance with the terms of our Privacy
Policy.
Should you have any complaints
that you wish to raise with us regarding this transaction or any other matter
please put them in writing and address them to: Driver Sales Manager, c/o BCA
Remarketing Solutions, Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH.
Alternatively, complaints can be emailed to [email protected].
11.1 By law you have the right
to cancel this Contract at any time 14 days from the date the Contract is
formed up.
11.2 Notice of cancellation in accordance with
clause 11.1, must be sent to us in writing via our partners BCA Remarketing
Solutions. Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH and be sent
by recorded delivery mail, or emailed to [email protected].
11.3 On receipt of this notice
of cancellation our partners, BCA Remarketing Solutions will contact you to
confirm arrangements for the return of the Vehicle. You are required to make the Vehicle
available for collection at a pre-determined date and time.
11.4 On collection of the
Vehicle, the Vehicle must not have travelled more than 200 miles since
formation of the Contract and you must have taken
reasonable care of the Vehicle prior to its delivery back to us. Any deterioration recorded at the time of
collection will be valued when the Vehicle is delivered back to us and details
of these costs will be notified to you.
11.5 A refund will be processed
and executed in the same way that payment was made originally by you and will
be made within 30 days following formation of the Contract. Should any of the conditions set out in this
clause 11 fail to be met then the deductions as specified will be made from the
refund accordingly. Any direct costs of collection will also be deducted.
12.1 You acknowledge that the
Vehicle is not new and that it has been used by the hirer or another person for
business or other purposes. Unless you
advise us to the contrary when you make the offer to purchase the Vehicle by
signing the Vehicle Purchase Order we will assume that
the Vehicle is in an acceptable and roadworthy condition, inside and out,
commensurate with age and mileage, at the date of your acceptance. You have had an opportunity to inspect the
goods before agreeing to purchase them. Accordingly the Vehicle is sold as seen and no warranty or
representation is given as to its quality, state, condition, safety or fitness
for any purpose and any condition, warranty or representation which may be
implied is hereby expressly excluded to the maximum extent permitted by law.
12.2 A minimum of 12 months
guarantee will be supplied with the Vehicle including breakdown cover provided
that the Vehicle is under 3 years old and has travelled less than 60,000
miles. The guarantee and breakdown cover
are subject to the terms and conditions of the cover, copies of which are
available on request..
12.3 Nothing in these Conditions
is intended to exclude our liability where consumer protection legislation or
contract law prevents us from doing so, including:
12.3.1
for death or personal injury caused by our negligence; or
12.3.2
for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and
by section 2 of the Supply of
Goods and Services Act 1982; or
12.3.3
for defective products under the Consumer Protection Act 1987; or
12.3.4
for fraud or fraudulent misrepresentation.
12.4 We will be liable to you
for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions. These losses
to be limited to the price for the Vehicle per incident or series of related
incidents caused by the failure of the Vehicle.
The Contract is not enforceable
by any third party under the Contracts (Rights of Third Parties) Act 1999 or
otherwise.
The Contract including the
documents referred to in these Conditions constitutes the entire agreement
between you and us in relation to its subject matter. No other terms and conditions apply.
This Contract will bind and
benefit each of your and our successors and personal representatives.
16.1 This Contact will be
governed by the laws of England and Wales.
16.2 Disputes will be submitted
to the exclusive jurisdiction of the courts of England and Wales.
BCA Remarketing Solutions is
authorised and regulated by the Financial Conduct Authority (reference 674487)
to carry out regulated activities limited to secondary credit broking, we are
not a lender, we can introduce you to Stellantis Financial Services Limited. We
do not charge a fee for our Consumer Credit Services. BCARS are likely to
receive a commission payment from the lender for it's services should you decide to enter into an
agreement with them. The payment received does not impact the finance rate
offered. You may request further information about commission from BCA
Remarketing Solutions. An introduction from us does not amount to independent
financial advice.