Desira Group Used Vehicle Buying Terms and Conditions
- These are the Terms and Conditions (Terms) that
apply when you buy a Used Vehicle Online from Desira Group Plc. These Terms may change from time to time so
make sure you check these Terms each time you buy a Vehicle from Desira Group
make sure you read these Terms and Conditions carefully before you place an
order. We suggest that you also keep a copy of these Terms for the future.
These Terms will explain how we will sell vehicles, how you may cancel the
Agreement with us, additional products which you may choose to purchase and
what to do if you have an issue with your Vehicle
Agreement Between Us
- When you confirm that you wish to buy a Vehicle either Online, over the Phone or at Desira Group Plc, you are placing an order with us to buy that Vehicle (Order). The Order will confirm the Order Details including your Personal Details, the Make and Model of the Vehicle, the Delivery Date, either Desira Dealership Delivery Location or for an additional charge Home Delivery and the Purchase Price
- We may accept the Order by emailing you to confirm the Order. When we send this email confirmation, a legally binding agreement will be made between you and us (Agreement). The Agreement will consist of the Order and these Terms. If you choose to pay for the Order using a Finance Agreement with a Lender then you will be required to enter into an agreement with the Lender and we will sell the Car to the Lender. Please refer to the Terms below for more details.
- If there is any inconsistency between the Order and these Terms, then the Order will take priority.
- Occasionally, we may become aware after accepting your Order that we are unable to proceed with the Agreement, in which case we will notify you by email. Some examples of reasons why we may do this include:
- The Vehicle you have chosen has already been Sold
- There is an error in the Description or Price of the Car Vehicle
- Where you are Part Exchanging your Current Vehicle (Part Exchange) with us and you have provided incorrect details in relation to the Part Exchange Vehicle or any of the circumstances set out under Part Exchange below may apply
- You should be aware that there may be reasons other than those reasons above why we do not accept your Order
- If we are not able to proceed with your Order, you will not be charged the Purchase Price for the Vehicle (or the Deposit if you have chosen to pay for the Vehicle using Finance from a Lender). We will Contact you to Assist in Rectifying the reason why we have not Accepted your Order
- You may cancel the Order without giving a reason before the Vehicle your Delivery Appointment at a Desira Dealership or it is delivered to you before 12pm on the Day Before your Agreed Delivery Date
- You must be resident in the United Kingdom to purchase a Vehicle from us. Delivery restrictions may apply, see below for further information
- The Vehicle you are buying may have been used previously for lease or rental and may have had multiple users
- Each Vehicle undergoes a Multi Point Vehicle Check and Comprehensive Vehicle Check before going on Sale.
- Where possible on our Systems we check each Vehicle for a Manufacturer Recall Notice. We do not give or make any Representation, Warranty or Undertaking that the Vehicle will not be subject to a Manufacturer Recall Notice at the Point of Sale or at any time in the future
- The Photographs or Videos of Vehicles on the Desira Group Website are high resolution images and will include images of any damage on the Car. We make every effort to display the Vehicle as accurately as possible but we cannot guarantee that the pictures of the Vehicle show every part of the Vehicle or Colour. We will not be responsible if the Photographs or Video of the Vehicle do not display correctly on the Device on which you view them. If you are not satisfied with the actual appearance of your Vehicle you may Cancel the Purchase using our 10 Day Money Back Guarantee
- The mileage of a Vehicle may vary slightly to the actual mileage of the Vehicle because of Delivering the Car to you. The increase in mileage will be no more than 200 Miles
- Please contact us before placing the Order to ask any questions you have about the Vehicle
Desira 10 Day Money Back Guarantee
You may Return the Car to us within 10 days from the date of Delivery without having to tell us why by using our 10 Day Money Back Guarantee (The Guarantee). If you paid for the Car using a Finance Agreement, the Car must meet the Return Conditions below to use the Guarantee.
If you would like to return the Car under the Guarantee, you must inform us by using the Complete the Return Form Here or E-Mail: email@example.com
We will Confirm by e-mail reply within 24 Hours. Just in case we did not receive it: If you have not received a confirmation within 24 hours you must contact us again with proof you sent it within the 10 Day Timeframe.
If the 10 Day Timeframe is Missed, you are not eligible for the 10 Day Money Back Guarantee so unable to Return the Car.
Once agreed the car must then be delivered back by Booking a Return Appointment during the opening hours of the Desira Dealership it was purchased from within 3 Days of the confirmation date. You MUST return your V5 Document at the same time. If it has not arrived it can be posted to Desira Group Plc, Returns Team, Victoria Road, Diss, Norfolk, IP22 4GS. Failure to send the V5 will result in a deduction see Terms and Conditions below
If you Miss/Cancel your booked Return Appointment or it is booked for any later than 3 days fees will be incurred as listed in the Terms and Conditions below
Late Return Fees
If your Return Appointment is Missed or Cancelled by You or the Car is not Returned within 3 days fees will be incurred per day, for every day over the original three days return date at £50 per day. When the vehicle is returned this will be deducted from the final payment back to you.
If you decide to return the Car under the 10 Day Guarantee:
If you paid by Apple Pay or Directly by Bank Transfer, Visa, Mastercard Credit or Debit Card, we will return the Purchase Price back onto that Account/Card
If you paid for the Car using a Finance Agreement
- The Deposit paid will be returned to you as per the Original Payment method we will repay to you the deposit which you paid to us;
- we will repay the remainder of the Purchase Price to the finance provider with whom you entered into a Finance Agreement; and/or
If you have sold a Part Exchange to us in part payment of the Car or Van:
If we still have your Part Exchange Vehicle in stock you can collect your Part Exchange when you deliver the Car or Van back to the Dealership.
If your Part Exchange is no longer available, we will include an amount equal to the valuation of the Part Exchange Vehicle in the amount to be repaid to you (subject to the Part Exchange Vehicle meeting the following requirements:
- Where you choose to use a Part Exchange Car or Van in partial payment of the Purchase Price, you must provide details of the Part Exchange Car or Van as part of your Order. We may ask you for additional information about the Part Exchange Car or Van at any time before Collection.
- You will be given a valuation for the Part Exchange Car or Van when your Order is Placed. This is based on the Description given by you about your Part Exchange Vehicle. It must be Correct, Factual and a Fair Description including the latest Vehicle Details. We will inspect your Part Exchange Vehicle at Collection to confirm the description was True. Any discrepancies may result in a change of Value or the Vehicle not being taken as Part Exchange.
- We will also need to confirm the Part Exchange Vehicle is Roadworthy and has not Sustained any damage you have not disclosed to us.
- Unless agreed at Order as part of the Contract. Where the Part Exchange Vehicle is already subject to a Finance Agreement, you must ensure that you have Settled any Outstanding Finance on the Part Exchange Vehicle and the Finance Company’s Interest in the Part Exchange Vehicle is Removed prior to Collection. We will take No Responsibility for Settling any Outstanding Finance on your Behalf.
- We may refuse a Part Exchange Vehicle at any time, either before or at Collection because:
- you have not disclosed the Part Exchange Vehicle has any faults which may affect the value of the Part Exchange Car or is not Roadworthy
- there is a Material Discrepancy in the Information and Documents Supplied by you in respect of the Part Exchange Vehicle or a Material Document is Missing, Incorrect or Incomplete (for instance: the V5C Registration Document is Missing or Incomplete)
- any Information given to us about the Part Exchange Vehicle is not Correct and Factual
- you are not legally capable of entering into a binding contract to sell the Part Exchange Vehicle
- you are Not the Only Owner of the Part Exchange Vehicle (including, if applicable, the electric car battery)
- the Part Exchange Vehicle has Sustained Damage that was not Disclosed to us when you placed the Order
- another Individual has a Claim to the Part Exchange Vehicle or there is Outstanding Finance on the Part Exchange Vehicle
- we were not informed the Part Exchange Vehicle is not registered in the UK or was not first registered in the UK. Or there is a finance marker on the Part Exchange Vehicle or any other Issue is identified by a HPI Check
- we were not informed the Part Exchange Vehicle does not have a valid MOT
- we were not informed the Part Exchange Vehicle has been in a major accident or has been subject to a total loss claim
- there is a discrepancy, and it does not have the same legal registration and chassis number of the Part Exchange Vehicle.
- we were not informed the Part Exchange vehicle has been imported into the UK (so, it is either not a right-hand drive car with UK registration plates or was not first registered in the UK).
- we were not informed of any modifications to the Part Exchange Vehicle whether for performance or appearance.
- the mileage of the Part Exchange vehicle must not exceed 1,000 more than stated in the Order unless agreed at time of order.
- we were not informed the Part Exchange Vehicle had been used for commercial purposes including but not exclusive to: rental, by a local authority, private hire, as an emergency services vehicle or driving tuition.
- When you bring your Part Exchange Car Vehicle in at Collection, we MUST Receive:
- The most recent V5C registration document (and proof of purchase if requested by us) for the Part Exchange Vehicle
- All the keys for the Part Exchange Vehicle
- All Service History and Service Books for the Part Exchange Vehicle (if any)
- The MOT Certificate for the Part Exchange Vehicle (if it is over 3 Years or it was disclosed at Order it does not have one)
- All the Part Exchange Vehicle User Manuals/Paperwork (if any)
- All accessories such as: SD Card, Locking Wheel Nut, Radio Fascia, Remote Controls, and/or Charging Cables (for an Electric or Hybrid Plug-in car)
- All Personal Possessions must be removed from the Part Exchange Vehicle before we take delivery. We cannot be held responsible for any personal items lost once we have taken possession of the Part Exchange Vehicle
- Prior to Delivery you must ensure the Removal, Redaction or Deletion of all your Personal Information or data contained in the Part Exchange Vehicle including as follows:
- The Mobile Phone interface Sat Nav or any other Device capable of Storing Data in your Part Exchange vehicle must have all personal data removed from these devices prior to delivery to us. This includes your default home address, contacts names and telephone numbers, favourite, or previous destinations in your trip/sat nav history
- Your Name and Address must be Removed or Redacted from any Service or Maintenance records that you hand over with the Part Exchange Vehicle.
- The V5C Registration Document (which includes your Name and address and is an official DVLA document) will remain with the Part Exchange Vehicle until it is Sold and Re-Registered by a new Registered Keeper or Scrapped. Please Note that before being Re-Registered by a New Keeper, the Part Exchange Vehicle may go to Auction so could be Sold to One or more Motor Traders who will not be Obliged to Register as the New Keeper of the Part Exchange Vehicle and remove your Name and Address from the V5C registration document. We do not accept any Liability in respect of your personal information contained on the V5C Registration Document.
- If you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Vehicle with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car and/or cancel the Order in accordance with our Terms. If we take the Part Exchange Vehicle at Delivery and discover later that the Part Exchange Vehicle did not meet the requirements agreed, then we may act against you to recover the reduction in value of the Part Exchange because of the Part Exchange Vehicle not meeting the requirements below (Recovery Claim). You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim.
- Once a Delivery Date has been confirmed a Delivery Appointment will be agreed with you at the Desira Dealership the Vehicle is Purchased from or for an additional Charge (confirmed at Order) we can move it to a different Desira Dealership or Deliver it to an address in Mainland UK. This must be within 14 days of the Order being Completed unless otherwise agreed.
- If your Vehicle is Not Being Delivered to a Vehicle Dealership:
- We will deliver the Vehicle to you at the agreed Delivery Location on the Delivery Date set out in the Order (Delivery). You may change the Time and Date of Delivery by e-mailing firstname.lastname@example.org or calling the Customer Service Team on 01603 397725 at any time before 10am on the day before your agreed Delivery Date
- We will Rearrange the Date and Time of your Delivery at No Extra Cost to you on the First Occasion
- If you Need to Rearrange the Date and Time of your Delivery more than Once or you Ask to Change the Date and Time of your Delivery after 10am on the Day before your Agreed Delivery Date, we May charge you an Additional Fee
- We will only Deliver the Vehicle to you at the Delivery Location stated in the Order which must be your Residential Address. You Must also show a Valid Photocard UK driving licence at Delivery. If the address on your Driving Licence is different to your Residential Address, you must also then provide us with either a Bank Statement or Utility Bill to your Residential Address and which is dated in the Three Months prior to Delivery. If you do not have your Driving Licence, you must show us your Passport and a Bank Statement or Utility bill addressed to your Residential Address and which is dated in the Three Months prior to Delivery. The person stated on the Order must be present at Delivery as we will not deliver the Vehicle to any one else
- We will need a safe place to park the Vehicle (for example, a driveway or safe on-road parking) whilst we complete our delivery checks with you. If you are selling a Part Exchange Vehicle to us, then you should also make sure that is parked safely and is accessible by us. You are responsible for giving us details of a safe location and will be responsible for any costs, penalties or fines we incur because of parking in the safe location provided by you
- If you fail to take and pay for the Vehicle within 14 days of notification that the Vehicle is available for delivery, we may treat the contract as cancelled and keep any deposit paid by you.
- You are responsible for the Vehicle from Delivery
- We are not responsible for delays outside our control. If our supply of the Vehicle is delayed by a circumstance or an event outside our control, then we will contact you as soon as possible to let you know and we will do what we can to reduce the delay. If we do this, we will not be responsible for delays caused by the event. If there is a delay you may contact us to end the Agreement and receive a refund of the deposit or the Purchase Price you have paid at that time for the Vehicle.
- You will own the Vehicle once:
- You have accepted Delivery of the Car by signing the delivery documentation
- We have received full payment of the Purchase Price and any other monies owed to us by you
- If you are Part Exchanging your Vehicle in Part Payment of the Purchase Price, we have accepted and received the Part Exchange Vehicle
- If you are purchasing the Vehicle using a Finance Agreement, then the Third Party Finance Provider will own the Car once these conditions have been met
We will Deduct from the Money paid to you:
- Any amounts which we are permitted to charge because of the condition in which you returned the Vehicle to us.
- There will be a £500 charge if we have not received the most recent V5C registration document to us within 14 days of your Vehicles Return. The charge is due to the value of the Vehicle reducing without it.
- We will repay any money owed to you within 14 days of you informing us that you wish to return the Vehicle. We will repay you using the same means of payment as you used to pay us, and we will not charge you any fees in relation to the repayment.
You must not use the Vehicle after informing us that you are cancelling the Agreement and you must keep the Vehicle in good condition from the date of Delivery. We are permitted to charge you if the value of the Vehicle has reduced due to excessive use by you or any damage you caused to the Vehicle.
Your charges may be:
- A charge of £1.00 for each mile driven more than the agreed 200 miles (Excess Mileage Charge,) if the Vehicle has been driven for more than 200 miles since Delivery
- For the purposes of this charge, the mileage on the Vehicle at Delivery will be on the Handover document and this mileage will be conclusive in determining whether you have driven the Vehicle for more than 200 miles since Delivery.
- If the Vehicle value has been reduced because it is not in the same condition it was at Delivery, we charge reasonable costs to repair the Vehicle so that it is in the condition it was at Delivery (Damage Charge)
- You must send the most recent V5C registration document showing you as the registered keeper to Desira Group Plc, Returns Team, Victoria Road, Diss, Norfolk, IP22 4GS. Failure to send the V5 will result in a deduction see as below. It must be by recorded delivery at your own expense within 14 days of you informing us that you wish to return the Vehicle. Please see the 10 Day Money Back Guarantee page here for more information. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Vehicle until it is sold and re-registered by a new registered keeper or scrapped. Please Note that before being Re-Registered by a New Keeper, the Part Exchange Vehicle may go to Auction so could be Sold to One or more Motor Traders who will not be Obliged to Register as the New Keeper of the Part Exchange Vehicle and remove your Name and Address from the V5C registration document. We do not accept any Liability in respect of your personal information contained on the V5C Registration Document. Subject to the V5C being received within 14 days of your Vehicle return. We will repay you the £500 we retained within 14 days of us receiving the V5C. If you fail to return the V5C registration document, we will charge you £500, as the value of the Vehicle will reduce without the V5C registration document (V5C Fee). We will retain the £500 as payment by you to us in lieu of the V5C
- If the total of the Excess Mileage Payment, the Damage Charge and/or the V5C Charge is more than the amount payable to you then we will tell you how much you owe us (Outstanding Payment Due) and you must pay the Outstanding Payment Due to us within 30 days of you being notified of the Outstanding Payment Due.
- If you paid for the Vehicle in full by Apple Pay through Visa, Mastercard Credit or Debit Card or Directly by Bank Transfer you must confirm to us on Delivery back to the Dealership it was purchased from that it is:
- Free from all charges or claims from any Third Party including a Finance Provider
- Owned by You
- In the same condition as at Delivery except for any Reasonable Wear and Tear
- Not been involved in any Accident since Delivery
- If you use the 10 Day Money Back Guarantee you must Deliver the Vehicle back during a Return Appointment at a time agreed with you to the Desira Dealership it was Purchased from. We MUST also receive all items supplied with Vehicle including:
- The V5C Registration Document
- All the Keys for the Vehicle
- All Service History and Service Books for the Vehicle (if with the Vehicle at Delivery)
- The MOT Certificate for the Vehicle (if there is one)
- All Vehicle User Manuals/Paperwork (if with the Vehicle at Delivery)
- All accessories such as: SD Card, Locking Wheel Nut, Radio Fascia, Remote Controls, and/or Charging Cables (for an Electric or Hybrid Plug-in car)
- All other documents or items which we gave to you at Delivery for the Vehicle
- You are responsible for the removal of your personal belongings or the deletion of personal data from the Vehicle prior to your Return Appointment you must ensure the Removal, Redaction or Deletion of all your Personal Information or data contained in the Vehicle including the Mobile Phone interface Sat Nav or any other Device capable of Storing Data in your Vehicle must have all personal data removed from these devices prior to delivery to us. This includes your default home address, contacts names and telephone numbers, favourite, or previous destinations in your trip/sat nav history. If added your Name and Address must be Removed or Redacted from any Service or Maintenance records that you hand over with the Vehicle
- If your Return Appointment is Missed or Cancelled by You or the Car is not Returned within 3 days fees will be incurred per day, for every day over the original three days return date at £50 per day. When the vehicle is returned this will be deducted from the final payment back to you.
- Your vehicle is your responsibility until you have handed over to us at the Delivery Appointment. Until then you must ensure your Vehicle is insured with a fully comprehensive insurance policy.
- If you have paid for the Vehicle using a Finance Agreement, you may return the Vehicle to us using the 10 Day Money Back Guarantee provided that the Car meets the following conditions:
- You must not have driven the car more than 200 miles from when it was delivered
- You must not have made any alterations or modifications to the car of any kind since delivery
- The car must be in the same condition as when it was delivered (except for fair wear and tear)
- All Items provided with the Vehicle are Returned – Keys etc
- The car must not have any charges or claims from any third party against it (including a finance provider unless agreed at Order as part of the Contract)
- You will need to return the Cars V5 Logbook to us either with the Car when returned or by recorded delivery (Sorry this must be at your own expense)
- If you have paid for the Vehicle using a Finance Agreement and the Vehicle does not meet the Return Conditions then we may, in our absolute discretion, allow you to use the 10 Day Money Back Guarantee. If you meet the Return Conditions for this or we allow you to use the 10 Day Money Guarantee, then you must also tell the Finance Provider that you wish to withdraw from your Finance Agreement. We will not notify the Finance Provider for you.
- If you return the Vehicle using the Guarantee we will notify the Guarantee Provider and the 12 Month Guarantee, or any other Service Contract arranged through/by Desira Group Plc will be automatically terminated
Your right of withdrawal (if you have paid for the Vehicle using a Finance Agreement)
- If you have paid for the Vehicle by starting a Finance Agreement with the Lender, you may have a right to withdraw from the Finance Agreement without giving any reason. You should refer to the terms of your Finance Agreement for more information on your right to withdraw from the Finance Agreement
- If you implement your right of withdrawal, you will withdraw from the Finance Agreement only. You will be required to pay the amount of credit plus interest to the Lender in accordance with the terms of the Finance Agreement. When you have repaid the Lender the amount of credit plus interest you will own the Vehicle. You should contact the Lender for more information on the right of withdrawal
Paying a Reservation Fee
- If you choose to reserve a car by paying a reservation fee, you will be asked to enter your personal details, address and payment card information. When you click on “submit payment”, the amount of the reservation fee will be debited from your payment card immediately
- 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 (Reservation Confirmation)
- Your vehicle will be reserved for up to 7 days. We will be in contact with you to discuss the next steps required to complete your purchase
- If you decide not to purchase the vehicle, you can request a refund of the reservation fee at any time by contacting email@example.com once you have received a confirmation reply. Your payment will be refunded in full, usually within 5-10 days
Used Vehicle 12 Months Guarantee
- Desira Group Plc has partnered with Award Winning Provider (Auto Protect) to offer Guarantees and Insurance Products
- When you buy a Used Vehicle from Desira Group Plc, you will automatically receive a 12 Month Guarantee. Guarantee upgrades and extensions are available and must be quoted and agreed at time of order
- The 12 Month Guarantee and any other service provided by AutoProtect is subject to a contract between you and them on the terms provided to you in the confirmation email you will receive. We are not responsible for providing the 12 Months Guarantee the Guarantee Provider fails to do so.
- If a Manufacturers Warranty or Guarantee exists and is continuing from the previous ownership of the Vehicle and you are entitled to the benefit of this Manufacturers Warranty or guarantee we will pass this onto you
- Any accessories fitted or supplied by us (Dealer fitted) will be entitled to the benefit of any warranty given by the manufacturer of those accessories
Comments or Complaints
- If you have a Complaint as the experience you received was not as you had been expecting, or a concern with the Vehicle. We would like to hear from you as soon as possible. Please e-mail firstname.lastname@example.org or Call the Customer Services Team on 01603 397725
- We log all Complaints centrally, they are Investigated and Responded to as quickly as possible. Please Note: A same day response during Normal Monday to Friday Business Hours is Expected. If a complaint is logged over the weekend this may not be replied to until the Monday
- If you prefer to make a Complaint in writing rather than Online, then please write to: Complaints, Desira Group Plc, Vulcan Road North, Norwich, NR6 6AQ
Dispute Resolution - The Motor Ombudsman
- At Desira we have committed to the standards set out in The Motor Industry Code of Practice for Vehicle Sales, Service and Repairs. The Desira Staff and Management work incredibly hard to ensure we not only meet but exceed your expectations. However, should you ever feel the need to make a complaint you can refer your dispute to The Motor Ombudsman, who are the self-regulatory body for the Motor Industry that can provide independent advice and guidance.
- Desira Group subscribes to the Motor Industry Code of Practice for New Cars
- Desira Group subscribes to the Motor Industry Code of Practice for Service and Repair
- The Motor Ombudsman can provide CTSI approved Alternative Dispute Resolution (ADR) service if a consumer remains dissatisfied with the outcome of a dispute in relation to the New Car code
- The code sets out the standards that vehicle manufacturers comply with regarding new car sales, new car warranties, availability of replacement parts, advertising and handling of customer complaints
- Visit: https://www.themotorombudsman.org/consumers/make-a-complaint
The Motor Vehicle is Sold as Roadworthy, or Subject to any Defects notified by us to you and accepted by you, at the Date of Delivery and if any Fault Occurs you have the right to rely on your statutory rights. If you have any doubts about your Statutory Rights under the Sale of Goods Act 1979 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau
- Desira Group Plc takes our Customer Data and your personal information very seriously and ensures we are compliant with the new General Data Protection Regulations. We do not pass your data on to third parties that are not integral to the ownership of your vehicle and the products or information we provide you. We also only wish to communicate with you in the ways you prefer. All our systems are secure, and we only transfer data via secure transfer. If you ever wish to make any changes to your customer records, then please contact email@example.com
- To view our Privacy Statement in Full - Visit https://www.desiragroup.com/site/privacy-and-legal/
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law
- To the extent we can restrict our responsibility by law, we will not be responsible to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings (whether direct or indirect)
- To the extent we can exclude our responsibility by law, we exclude all implied representations, warranties, terms, and conditions from the Agreement
- Subject to the above, our maximum total liability to you under or in connection with the Order and the Agreement with you shall not exceed the Purchase Price of the Car.
Event outside of our control
- We will not be responsible for any failure by us to perform the Agreement or any delay in performing the Agreement which is caused by an Event or Circumstance outside of our control (Event Outside of Our Control). Events or Circumstances which may be included in this section are riots, acts of terrorism or war, civil disruption, strikes, fire, flood, other natural disasters, pandemics, and accidents relating to the Vehicle. Other Events or Circumstances may also be included if they are outside of our control.
- If an Event Outside of Our Control occurs, we will notify you as soon as possible. Our responsibilities to you under the Agreement will be temporarily delayed and the agreed date by which we must perform our responsibilities will be extended until the Event Outside of Our Control has ended unless there is a substantial delay affecting Delivery, in which case, you may contact us to end the Agreement and receive a refund of the deposit or the Purchase Price you have paid at that time for the Vehicle
- If a court finds part of the Agreement is illegal, invalid, or otherwise unenforceable, the remaining parts of the Agreement will continue in full force and effect
- You may not transfer any of your rights or obligations under the Agreement to any other person. We may transfer our rights or obligations under the Agreement to another person if this will not affect your rights under the Agreement
- The Agreement does not give rise to rights that are enforceable by any person who is not party to the Agreement
- If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so later
- The Agreement sets out the entire agreement between you and Us relating to the purchase of the Vehicle. The Agreement will replace any prior discussions or agreement between you and us relating to the purchase of the Vehicle
- These terms and conditions shall be construed in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation to any dispute or claim. By using this website, you agree to be bound by these terms and conditions and you are deemed to have read and understood these terms and conditions of use