1.1 These Vehicle Purchase terms and conditions ("Purchase Terms") set out the basis on which you will purchase the vehicle that you have selected on our website or by telephone, and which is further described in the order form referred to in clause 1.2.1 (the "Vehicle").
1.2 It is important that you read these Purchase Terms in conjunction with the following documents:
1.2.1 the order form describing the Vehicle you have selected and which has been sent to you by e-mail or is displayed in your user account on our website ("Order Form"); and
1.3 Please read these Purchase Terms carefully before you agree to be bound by them. If you think there is a mistake in these Purchase Terms or you require any change to any of the provisions, please contact us to discuss whether it is possible to amend the Purchase Terms before you sign the Order Form.
1.4 Our website has been designed solely for the promotion of vehicles to private individuals who live in the UK mainland. We do not accept orders from addresses outside of England, Scotland or Wales mainland or from any company or business. We will hereby define You as a consumer, if you are an individual and you are buying vehicles from us for your personal use (i.e. not for use in connection in any way with your business or profession).
2 Automotiv Holdings and how to contact us
2.1 In this Contract, "we", "us" or "our" refers to Vizion Vehicle Replacement, a trading name of Automotiv Holdings Limited, a company registered in England and Wales (Registration No. 11641261), whose registered office is at Wellington House, The Embankment, Wellingborough, NN8 1LD.
2.2 You can email [email protected] or by using our Contact Us page.
2.3 If we have cause to contact you we will do so by the method you have stated is easiest for you; by telephone or by writing to you at the email address or postal address you have provided to us.
3 Purchasing your Vehicle
3.1 You can confirm that you wish to purchase a Vehicle by either inserting your e-signature on the Order Form or by signing and returning a scanned or printed copy of the Order Form to our customer service team. By inserting your e-signature on the Order Form or signing, scanning and/or returning a printed copy of the Order Form, you agree to purchase the Vehicle in accordance with these Purchase Terms.
3.2 The Vehicle shown in the Order Form may vary from the picture(s) and description shown on our website. We will endeavour to ensure that any photographs, descriptions, specifications and advertising provided in respect of the Vehicle on our website are accurate and up to date. In some circumstances this information may be provided to show an illustrative example of the model generally and may not represent the Vehicle that you have chosen. Please carefully check the photographs, descriptions and specifications on the Order Form before you sign the Order Form. If you are unhappy with the specification, description and/or appearance of the Vehicle upon delivery you are entitled to notify us within 30 days to exercise your no quibble, money back guarantee specified in clause 7.2 in order to claim a full refund.
3.3 If you wish to make a change to your order then please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4 Delivery Process
4.1 During the order process you will be asked to select a preferred date for delivery of the Vehicle, convenient to you. Your preferred delivery date is indicative only but we will try to match it wherever possible. We (or a carrier acting on our behalf) will contact you to confirm the precise delivery date and delivery address once you have returned the signed Order Form
4.2 We (or the carrier company) will endeavour to deliver the Vehicle to you on the subsequently agreed/precise date at the address shown on the Order Form, which must be the address shown on your driving licence. Delivery of the Vehicle will be made at a time convenient to you within our business working hours
4.3 You will not be required to pay any costs associated to the delivery, unless we are unable to deliver and you subsequently request a redelivery in accordance with clause 4.6.
4.4 We cannot be held accountable for any delay to the delivery of the Vehicle which is outside our control. If the delivery of the Vehicle is delayed by an event outside our control then we will let you know as soon as possible and we will take steps to minimise the effect of the delay. Provided we let you know as soon as we are able then we will not be liable for delays caused by the event. If, however, there is a risk of substantial delay you may contact us to cancel your order and receive a refund of any sums you may have paid.
4.5 You must be available for delivery of the Vehicle at the address specified on your full UK driving licence and which you provided to us for the purpose of the ID verification search. We will not deliver to an alternative delivery address. Please ensure that your driving licence is up to date and registered to your current address.
4.6 You must be present to accept delivery of the Vehicle. We will not deliver the Vehicle to anyone you nominate to acton your behalf or to any third party. If you are not available at your address to take delivery then we will notify you that we have attempted to deliver the Vehicle and you will be required to contact us or the carrier company to arrange redelivery and you will be liable to pay any costs of redelivery.
4.7 On delivery of the Vehicle you will be required to sign a document confirming that you have inspected the Vehicle and that it complies with the specification details and condition standards included in your Order Form. If you feel that the Vehicle does not comply with the specification and standard conditions in your Order Form then you should inform us immediately as you may be entitled under these Purchase Terms (at our option) to: (i) have the issue remedied at our own cost; (ii) receive a price reduction which is proportionate to the decrease in the value of the Vehicle as a result of the issue; or, (iii) reject the Vehicle and obtain a refund.
4.8 The Vehicle will become yours from the time we deliver the Vehicle to you, subject to completion of the V5C process, described in clause 6.1. We accept no responsibility for any loss or damage to the Vehicle after it has been delivered to your address and you have accepted responsibility of it. It is your responsibility to arrange tax and insurance to coincide with delivery.
5 Payment of the Price Quoted
5.1 The price of the Vehicle (which includes VAT) will be the price indicated on the Order Form. We take all reasonable care to ensure that the price of the Vehicle advised to you is correct. However, please see clause 5.4 for what happens if we discover an error in the price of the Vehicle you order.
5.2 To ensure that we can deliver the Vehicle you must pay for it in full no less than 3 working days prior to the agreed delivery date (if delivery is due on Monday then you must ensure that we receive payment by 4pm on the Thursday before delivery).
5.3 If we do not receive payment 3 working days prior to the delivery date then we may suspend the delivery of the Vehicle until we have received the outstanding amount in full. We will normally remind you that the balance is still outstanding and will contact you to tell you we have to suspend the delivery of the Vehicle for this reason, unless you are able to pay the balance during the telephone call.
5.4 It is possible that, despite our best efforts, some of the vehicles we sell may be incorrectly priced. We will normally check prices before providing you with the Order Form but if we accept and start to process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order and refund you any sums you may have paid. If the vehicle has already been delivered to you we may, at our sole discretion require you to make the Vehicle available for collection.
6 Additional Sale details
6.1 We will be responsible for completing the V5C application to transfer the registration of the Vehicle to you. We will not commence the V5C application process until at least 14 days after delivery.
6.2 You acknowledge that you will own the Vehicle once we have received payment in full for the Vehicle. You also accept that you are fully responsible for any fines or convictions and for any damage caused by or to the vehicle from the date it is delivered to you.
6.3 If you have selected a finance option to purchase the Vehicle then the ownership of the Vehicle is subject to the terms of your agreement with your chosen finance provider.
7 Your cancellation and return rights
7.1 You may be entitled to cancel your order, return the Vehicle following delivery and/or apply for a refund of the purchase price. Your rights when you cancel the order or return the Vehicle will depend on a number of factors, for example whether there is anything wrong with the Vehicle, how we are performing and when you decide to return the Vehicle.
7.2 No Quibble Money Back Guarantee
7.2.1 You have a right to change your mind and cancel the order/return the Vehicle for any reason by notifying our customer service team within 30 days of the date of delivery ("Return Period"). If you change your mind during the Return Period, we will refund you the price you have paid for the Vehicle in accordance with clause 8 below.
7.2.2 If you do not notify us within the Return Period that you wish to return the Vehicle then you will not be entitled to return the Vehicle unless there is a defect with the Vehicle which entitles you to return the Vehicle under clauses 7.3 and 7.4).
7.3 Twelve Month Warranty
7.3.1 The Vehicle will be supplied with a 12 month unexpired manufacturer warranty period, or a top up to a minimum 12 month warranty period which is either underwritten by the dealer or by a regulated insurance company.
7.3.2 We are under a legally bound to ensure the Vehicle:
(a) is of satisfactory quality considering its published age, and condition;
(b) is fit for a particular purpose; and
(c) matches the description within the Order Form.
7.3.3 The warranty does not apply to and does not cover damage or defects arising from:
(a) fair wear and tear;
(b) inappropriate storage or use of the Vehicle;
(c) damage that was brought to your attention in the specification or description of the Vehicle prior to delivery or during your inspection upon to delivery of the Vehicle;
(d) any accident, misuse, neglect, or damage by you or any third party;
(e) use for purposes or in a manner other than as recommended or intended by the manufacturer or failure to follow the manufacturer's instructions; and/or
(f) damage caused by failure to follow the manufacturer's care instructions or from use of inappropriate cleaning products or those of a corrosive and/or abrasive nature.
7.3.4 If there is a defect with the Vehicle, you must notify us within 12 months following the date of delivery. We will at our option repair or replace the Vehicle or, if neither is possible within a reasonable time, then we will refund the price paid by you which may be subject to certain exceptions
7.4. Nothing in these Purchase Terms affects your statutory rights and you may be entitled to a full refund for the Vehicle or a repair or replacement of the Vehicle if you discover a defect with the Vehicle that is not covered by the warranty. This is subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
8 Your rights of Cancellation, return & refund
8.1 To cancel your order or return the Vehicle following delivery, you must complete a Cancellations & Returns form which can be requested from our customer service team on XXXXX XXXXX, Monday – Friday 9am-6pm.
8.2 You will remain responsible for the Vehicle until we collect the Vehicle from you. Upon notifying us that you wish to cancel your order and/or return the Vehicle for any reason you must:
8.2.1 arrange a date with us to collect the Vehicle within 3 working days of the date of notification and make the Vehicle available for collection on that date;
8.2.2 store the Vehicle in a safe and secure location;
8.2.3 continue to keep the Vehicle taxed and insured until the date of collection;
8.2.4 not make any alterations, changes or modifications to the Vehicle.
8.3 We will pay the cost of collection of the Vehicle if you are returning the Vehicle (including if you are exercising your right to change your mind).
8.4 If you are entitled to a refund under these Purchase Terms, we will refund you the price you paid for the Vehicle, by the method you used for payment. However, we reserve the right to reduce your refund by a reasonable amount to reflect any market value reduction arising in the value of the Vehicle from the date of delivery until the date the Vehicle is collected, including any:
8.4.1 damage or wear and tear to the Vehicle;
8.4.2 increase in the mileage of the Vehicle; and
8.4.3 expenditure on fuel that we incur to ensure the fuel level is the same as at the date of delivery (charged at cost).
We will repay any refunds due to you as soon as possible and in any event no later than 14 days of collection of the Vehicle
8.5 of the order cancellation date if the Vehicle has not yet been delivered or, in the case of a delivered Vehicle, within 14 days of us collecting the Vehicle from you.
9 Our rights of cancellation
9.1 We may cancel the order at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 24 hours of us reminding you that a payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Vehicle;
9.1.3 we have reason to believe you are purchasing the Vehicle for business use;
9.1.4 you do not, within a reasonable time, allow us to deliver the Vehicle to you; or
9.1.5 the Vehicle is unavailable or becomes unavailable for purchase at any time prior to delivery.
9.2 If we cancel the order as a result of any act or omission for which you are at fault, we will refund any money you have paid for the Vehicle but we may deduct or charge reasonable (compensation) net costs we incur as a result of your breach of these Purchase Terms.
10 Loss or Damage you suffer
10.1 We are responsible to you for foreseeable loss and damage caused by us through our failure to comply with these Purchase Terms, or our failing to use reasonable skill and care. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the order was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Vehicle as summarised at clause 7.3.2.
10.3 We shall only supply the Vehicle for domestic and private use. If you use the Vehicle for any commercial, business or re-sale purpose we shall not be liable to you for any losses suffered as a result of such use.
11 Use of your Personal Information
11.1 We will use the personal information you provide to us:
11.1.1 to supply the Vehicle to you;
11.1.2 to process your payment for the Vehicle;
11.1.3 to pass to our approved suppliers eg carriers, to aid supply of the Vehicle to you
11.1.4, to give you information about similar vehicles and services that we may provide, but only if you agreed to this during the sales process and you may stop receiving information at any time by contacting us; and
12 General & Governing Law
12.2 We may transfer our rights and obligations under these Purchase Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for the Vehicle if it has not been delivered.
12.3 You need our consent to transfer your rights to someone else (except insofar that you can always transfer the outstanding period of the 12-month warranty should you resell the vehicle within 12 months of your original purchase). You may only transfer your rights or your obligations under these Purchase Terms to another person if we agree to this in writing.. If you sell your vehicle within 12 months of acquiring it we may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Vehicle. For example we may ask them to provide a valid insurance policy and V5C showing that person as the registered keeper.
12.4 Nobody else has any rights under these Purchase Terms. These Purchase Terms are entered into between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 12.3.
12.5 If a court finds part of these Purchase Terms invalid, the remaining clauses will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
12.6 Even if we delay enforcing these Purchase Terms, we can still opt to enforce them at a later date. If we do not insist immediately that you do anything you are required to do under these Purchase Terms, or if we delay in taking steps against you in respect of your breach of these Purchase Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Vehicle, we can still require you to make the payment at a later date.
12.7 These Purchase Terms are governed by English law and you can bring legal proceedings in respect of the Vehicle in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Vehicle in either the Scottish or the English courts.