Terms and Conditions
Our Terms of Business
1. The Contract
- 1.1 The following clauses constitute the entire express terms of the contract for the sale of a motor vehicle and any warranty by Prestige Car Supermarket, the "Seller" to the "Buyer" named on the purchase invoice, at the agreed total price and part-exchange allowance indicated.
- 1.2 No variation shall be made to the terms without the agreement of both parties and the written and signed variation of a representative of the seller.
- 1.3 Nothing in this contract shall limit the statutory rights of a consumer.
- 1.4 The contract is formed when accepted by the Seller by the sending of an Order Confirmation Email to the Buyer.
2. Delivery
- 2.1 The Seller often use a third-party vehicle delivery service and will agree a date for the delivery of your vehicle and will provide the approximate time of delivery.
- 2.2 The Seller can only advise on the approximate time of the day of the delivery.
- 2.3 The date and time of delivery shall not be regarded as being a condition of the contract.
- 2.4 From time to time, the Seller may, at its sole discretion, deliver a vehicle by road. Any quoted delivery fees will still apply and there shall be no compensation for any additional mileage incurred as a result. Conversely, under such circumstances, the Seller may not upcharge the Buyer to cover any additional costs incurred using this delivery method.
- 2.5 A delivery service is available on every car offered by the Seller through third parties and pricing is subject to the mileage to be delivered and/or location. The Buyer should satisfy themselves that they understand delivery charges being levied by either the Seller or any third party delivery service.
3. Reservation Fee, Part Payment, Final Balance, Additional Fees & Payment Methods
- 3.1 Vehicle Reservation
- 3.1.1 Payment of £250 will reserve a vehicle online, over the phone or in person (Showroom Visit)
- 3.1.2 The reservation fee of £250 will be non refundable if the order has been placed on site. (Showroom)
- 3.1.3 During the reservation period the Seller will not be entitled to sell the vehicle to another purchaser.
- 3.1.4 Acceptance of the Reservation Fee does not indicate acceptance by the Seller to sell or otherwise supply the vehicle.
- 3.1.5 Reservation of a vehicle does not commit a viewer to purchase the vehicle.
- 3.1.6 The Seller shall at all times be entitled to retain the £250 reservation fee where the person reserving the vehicle fails to inspect the vehicle within an appropriate timeframe.
- 3.1.7 Where a person reserving a vehicle then goes on to purchase that vehicle, he/she shall be entitled to receive a credit of £250 towards the total amount payable for the car purchased.
- 3.1.8 Any refund or transfer of the reservation fee for any other reason is at the sole discretion of the Seller.
- 3.1.9 A Fully Refundable deposit of £250 is used to reserve the vehicle. This is where the buyer has not seen the vehicle, only virtually seen the vehicle, the vehicle is still awaiting preparation, or when the buyer drives the vehicle and it does not drive as it should do. the £250 deposit is fully refundable if the buyer has visited the showroom and has expressly informed us of their wish not to proceed with the purchase..
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3.2 Final Payments
- 3.2.1 Once an agreement to supply a vehicle has been made (see 1.4), the Buyer shall pay all remaining sums to the Seller before the agreed delivery date via Bank Transfer Only
- 3.2.2 Any vehicle agreed to be supplied remains the property of the Seller and the car shall not be delivered to the Buyer, nor shall the Buyer be entitled to collect the vehicle until full payment has been received and cleared.
- 3.2.3 In the event that the vehicle is supplied by Hire Purchase or Conditional Sale, then it will not be released until the total price is received by the Seller, including receipt of cleared funds from the said finance company.
- Credit cards over the value of £500 and American Express.
- 4.1 The allowance agreed for any part-exchange is subject to the condition that when the vehicle is delivered to the Seller, it shall be delivered in the same condition as when originally examined, subject only to fair wear and tear and provided always that either:-
- 4.1.1 The vehicle to be part-exchanged must be the Buyer's property absolutely and not subject to any hire purchase or other legal encumbrance whatsoever; or
- 4.1.2 If it is subject to such a finance agreement, it must be capable of early settlement by the Seller and the allowance given shall be reduced by the amount required for such settlement.
- 5.1 In addition to any unexpired portion of the manufacturer's warranty (if any), all vehicles benefit from a nationwide warranty.
- 5.2 Additional warranties may be purchased for 12, 24 months.
- 5.3 You can find details of the costs and what is included in our warranties on our website at www.prestigecarsupermarket.co.uk/warranty or email or call for more information.
- 6.1 The contract is formed at the time when we send you our Order Acceptance email.
- 6.2 You have the legal right to cancel the contract for a limited time without giving any reason but we would welcome your feedback as it helps us to improve.
- 6.3 Your right to cancel ends 14 calendar days starting the day after the date on which we deliver the car to you. Once cancellation has been given, the vehicle must be returned by yourself (the purchaser) back to the dealership (seller) within 48 hours. This is at the purchasers own cost.
- 6.4 To cancel, you must inform us of your wishes either by post or in an e-mail. You may use the attached Model Cancellation Form, but you do not have to.
- 6.5 In order to meet the 14 day cancellation deadline, emails are deemed to arrive when sent and letters when posted. You do not have to return the actual vehicle by this date. See point 6.14 below about when goods must be returned to us.
- 6.6 To be able to demonstrate that you have told us you wish to cancel in time, we would recommend that you retain any e-mails sent to us, keep a copy of any letter and ask the Post Office for proof of posting.
- 6.7 To cancel a 'Distance Sales Contract' and for any other matters, please contact us at: [email protected]
- 6.8 If you cancel this contract, we will refund the full purchase price but not the standard cost of delivery.
- 6.9 We may make a deduction from your refund where the vehicle has been devalued or you have handled it in a way which goes beyond that which might reasonably be allowed if you viewed the vehicle on our premises.
- 6.10 We would usually allow a test drive of no more than 10 miles and we therefore reserve the right to make a deduction of up to £1 per mile for mileage travelled where it is in excess of this amount.
- 6.11 We will make repayments without undue delay, and not later than:
- a) 14 days after the day we receive the vehicle from you, or
- b) ( if earlier) 14 days after the day you provided evidence that you have returned the vehicle (e.g. by handing it to a vehicle delivery company), or
- If the vehicle has not yet been sent to you, 14 days after the day which we were informed about you decision to cancel this contract.
- 6.12 We may withhold the repayment until we have received the vehicle back for inspection.
- 6.13 We will make the repayment using a company cheque, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the repayment.
- 7.1 We are under a legal duty to supply you with a car that is as described and of reasonably satisfactory quality commensurate with its age, mileage and the price paid for it.
- 7.2 Where goods have a serious fault or have been mis-described, then you have a short-term right to reject them for a refund or ask us to repair or replace goods if you prefer.
- 7.3 Once you request a repair or replacement, you must allow us a reasonable time to do so and may not change your mind and opt for one of the alternatives.
- 7.4 The right to reject is lost after 30 calendar days beginning on the day after you received the goods.
- 7.5 If you request a repair or replacement in the first 30 days, the "30 day clock stops" and recommences once you have received your repaired goods or replacement. You will have the balance of the 30 days (with a minimum of 7 days) to reject them for a refund if they remain unsatisfactory and no attempt or agreement has been reached to instigate such a repair.
- 7.6 After this 30 days, if the vehicle is unsatisfactory you have rights to ask us to repair it.
- 7.7 If after an agreed repair, goods remain faulty, then you may keep them and get something off the price, or under certain circumstances, you can reject them. Where goods are rejected more than 30 days from collection or delivery, a deduction can be made for the use you have had of them.
- 7.8 Refunds will be made within 14 days of agreeing goods are faulty using the same method of payment as used by you when ordering unless otherwise agreed. A mileage deduction of up to £0.45 per mile may be levied against the final refund total.
- 7.9 Where requested in the instance of a possible rejection of a car, you shall send back the vehicle or hand it over to us or without undue delay and in any event, not later than 14 days from the day in which you communicate your cancellation from this contract to us. We will then inspect the car and if serious faults are discovered, 7.8 above will come into play.
- 8.1 We would ask that complaints are made in writing or by email where they will be responded to by a Business Manager or an appointed Aftersales Team.
- 9.1 The Rights of Third Parties Act 1999 is expressly excluded.
- 9.2 Each clause shall operate separately. Should a relevant authority decide that any of these terms are unlawful, the other terms shall remain in force.
- 9.3 If we do not immediately insist that you do anything you are required to so under these terms, or if we delay in taking steps against you in respect of you breaking this contract, this does not mean that you do not have to do those things or prevent us taking steps against you at a later date.
- 9.4 The law of England and Wales shall apply to this contract.
- 9.5 We will collect, store and handle your personal information in accordance with our Data Protection Policy which can be read on our website www.prestigecarsupermarket.co.uk/privacy-policy.php
- Where goods have a serious fault or have been mis-described, you have a short-term right to reject them (30 days) for a refund or ask us to repair or replace goods if you prefer.
- Once you request a repair or replacement, you must allow us a reasonable time to do so and may not change your mind and opt for one of the alternatives.
- The right to reject is lost after 30 calendar days beginning on the day after you received the goods.
- If you request a repair or replacement in the first 30 days, the "30 day clock stops" and recommences once you have received your repaired goods or replacement. You will have the balance of the 30 days (with a minimum of 7 days) to reject them for a full refund if they are still not satisfactory.
- After 30 days, your rights are to ask us for a free repair. However, should the car have a reported fault after 30 days, it is the responsibility of the consumer to prove that the fault was present at point of sale. An independent inspector may be used for this purpose, such as a SCOTIA Vehicle Assessment and all parties will agree to following the advice contained in such a report.
- If after an agreed repair, goods remain faulty, then you may keep them and get something off the price, or under certain circumstances, you can reject them. Where goods are rejected more than 30 days from collection or delivery, a deduction can be made for the use you have had of them.
- Refunds will be made within 14 days of agreeing goods are faulty using the same method of payment as used when ordering unless otherwise agreed.
Unacceptable Methods of Payment
4. Part-Exchange
5. Warranty
6 Distance and Off Premises Contracts
IMPORTANT: If you are buying online or have telephoned us and subsequently agreed to buy a car from us without ever having visited us and spoken face to-face, you have entered into a Distance Sales Contract. The following shall then apply and you should read it carefully as it relates to your rights to change your mind and cancel your order.
7. Defective Goods
8. Complaints Procedure
9. Miscellaneous Other Terms
HOW TO TELL US YOU WANT TO CANCEL
To cancel, you need to tell us by making a clear statement in writing. By law, we must provide you with a Model Cancellation Form which you can use if you want to. Just copy the form below into an email, fill in the details and email it to us, or just simply write to us or email at the address shown giving your details and the details of your order as indicated.
Model Cancellation Form
To Prestige Car Supermarket (Yorkshire) Limited, A19, Crockey Hill, York, YO19 4SH
Email [email protected]
I hereby give notice that I cancel my contract for the sale of the of the following goods:
Ordered on/received on *........ /......... / ........Invoice Number/ _ _ _ _ _
Name of consumer.......................................................................................................
Address of consumer.......................................................................................................
.......................................................................................................
Signature of consumer......................................................................................................
Date......... / .......... / .........
*delete as applicable
Your Rights Where Goods Are Faulty
We do everything we can to make sure our vehicles are prepared to a high mechanical standard and are accurately described. However, if there is an issue with your vehicle, please tell us as soon as possible so we can help resolve the matter to your satisfaction.
The Consumer Rights Act 2015
If you wish to make a complaint, please contact us in the first instance by writing to us at Aftersales Department Department, Prestige Car Supermarket, A19 Crockey Hill, York YO19 4SH, or by emailing [email protected]
You have the right to refer any unresolved complaint to the Financial Ombudsman Service, South Quay Plaza,183 Marsh Wall, London, E14 9SR.
Web: www.financial-ombudsman.org.uk
Telephone: 020 7964 1000
Fax: 020 7964 1001
Email: [email protected]
