Small Cars Direct Limited Terms & Conditions

Interpretation

1.1 Definitions: Business: an entity that purchases Vehicle for business use. Conditions: the terms and conditions set out in this document as amended from time to time. Consumer: a person who purchases Vehicle and services for personal use. Contract: the contract between the Dealer and the Customer for the sale and purchase of the Vehicle in accordance with these Conditions. Customer: the person or firm who purchases the Vehicle from the Dealer. Delivery: this encompasses collection from the Dealer’s site, or, if agreed, delivery to the customer’s address. Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control. Order: the Customer’s order for the Vehicle, as set out in the Customer’s purchase order form. Vehicle: this means all cars, vans, minibuses, caravans, trailers, lorries, motorbikes, anything motor driven, and their components and accessories. Dealer: Small Cars Direct Limited (registered in England and Wales with company number 10430091).

Basis of contract

2.1 The Order constitutes an offer by the Customer to purchase the Vehicle in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.

2.2 The Order shall only be deemed to be accepted when the Dealer issues a written acceptance of the Order, at which point the Contract shall come into existence.

2.3 Any descriptive matter or advertising produced by the Dealer and any descriptions contained in the Dealer’s catalogues or brochures or website are produced for the sole purpose of giving an approximate idea of the Vehicle referred to in them. They shall not form part of the Contract nor have any contractual force.

2.4 A quotation for the Vehicle given by the Dealer shall not constitute an offer. A quotation shall only be valid for a period of 7 Business Days from its date of issue.

Vehicle

3.1 The Vehicle are described in the Dealer’s or their advertising partners website as the Specification.

3.2 The Dealer reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

Delivery

4.1 The Dealer shall ensure that:

a) The delivery of the Vehicle is accompanied by a sales invoice/delivery note that shows the date of the Order, the sales invoice number, the type of the Vehicle (including the registration number and current mileage of the Vehicle, where applicable); and

4.2 If the customer requests delivery to their agreed address consideration to the request will be given, but any delivery cost is non-refundable and it is the Customer’s responsibility, and cost, to return the vehicle.

4.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Dealer shall not be liable for any delay in delivery of the Vehicle that is caused by a Force Majeure Event or the Customer’s failure to provide the Dealer with adequate delivery instructions or any other instructions that are relevant to the supply of the Vehicle.

4.4 If the Customer fails to take delivery of the Vehicle within seven Business Days of the Dealer notifying the Customer that the Vehicle is ready, then, except where such failure or delay is caused by a Force Majeure Event or the Dealer’s failure to comply with its obligations under the Contract:

a) the Dealer shall store the Vehicle until delivery takes place, and charge the Customer for all related costs and expenses (including insurance) of storage at £25 + vat per day from day eight. b) The Dealer shall be able to make a deduction from the non-refundable deposit paid for the expenses incurred.

4.5 If 14 Business Days after the day on which the Dealer notified the Customer that the Vehicle were ready for delivery the Customer has not accepted actual delivery of them, the Dealer may resell or otherwise dispose of the Vehicle.

Quality

5.1 The Dealer warrants that on the date of delivery, the Vehicle shall:

(a) conform in all material respects with the Specification; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Sale of Vehicle Act 1979 and the Consumer Rights Act 2015) unless explicitly stated in either the vehicle order/sales invoice or pre delivery inspection form; and (d) be fit for any purpose held out by the Dealer.

5.2 Subject to clause 5.3, if:

a) the Customer gives notice in writing to the Dealer during the warranty period within a reasonable time of discovery that some or all of the Vehicle do not comply with the warranty set out in clause 5.1; b) the Dealer is given a reasonable opportunity of examining such Vehicle; and c) the Customer (if asked to do so by the Dealer) returns such Vehicle to the Dealer place of business at the Customer’s cost, the Dealer shall, at its option, repair or replace the defective Vehicle, or refund the price of the defective Vehicle in full.

5.3 The Dealer shall not be liable for the Vehicle’ failure to comply with the warranty set out in clause 5.1 in any of the following events:

a) the Customer makes any further use of such Vehicle after giving notice in accordance with clause 5.2; b) the defect arises because the Customer failed to follow the Dealer’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Vehicle or (if there are none) good practice regarding the same; c) the Customer alters or repairs such Vehicle without the written consent of the Dealer; d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or e) the Vehicle differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.4 This does not affect the customer’s statutory rights.

Title and risk

6.1 The risk in the Vehicle shall pass to the Customer on completion of delivery.

6.2 Title to the Vehicle shall not pass to the Customer until the Dealer receives payment in full (in cash or cleared funds) for the Vehicle.

6.3 Until title to the Vehicle has passed to the Customer, the Customer shall:

a) maintain the Vehicle in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

Price and Payment

7.1 The price of the Vehicle shall be the price set out in the sales order/invoice.

7.2 The Dealer may, by giving notice to the Customer at any time before delivery, increase the price of the Vehicle to reflect any increase in the cost of the Vehicle that is due to:

a) any factor beyond the Dealer’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); b) any request by the Customer to change the delivery date(s), quantities or types of Vehicle ordered, or the Specification; or c) any delay caused by any instructions of the Customer or failure of the Customer to give the Dealer adequate or accurate information or instructions.

7.3 The price of the Vehicle:

a) excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Dealer at the prevailing rate, subject to the receipt of a valid VAT invoice; and b) excludes the costs and charges of transport of the Vehicle, which shall be invoiced to the Customer

7.4 The Customer shall pay each invoice submitted by the Dealer:

c) Before the Vehicle are taken from the Dealer’s premises; and d) in full and in cleared funds to a bank account nominated in writing by the Dealer

7.5 Notices.

a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by next day recorded delivery at its registered office address, 1H Hamilton Business Park, Gore Road, New Milton, BH25 6TL; or (ii) sent by email to the address: info@smallcarsdirect.co.uk

b) Any notice shall be deemed to have been received:

(i) if delivered by hand, a signature of a delivery receiptor at the time the notice is left at the proper address is required (ii) if sent by recorded delivery service, at the time recorded by the delivery service; and (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 1(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

7.6 Repairs and Rejections: It is the Customer’s responsibility to return the Vehicle to the Dealer, at their own cost, in the event that a repair or rejection is required.

7.7 Repair Authorisation: if wishing to exercise your right to repair under no circumstance will we authorise works to be carried out or invoices to be paid on our behalf without prior written consent.

Distance Selling

8.1 We do not run an organised Distance Selling scheme, but we rely on our Distance Selling terms in the event that the sale of a vehicle is caught under the legislation that governs off premises sales.

8.2 OR

8.3 If you buy as a consumer and the Consumer Contracts Regulations 2013 apply, you will have the right to cancel this contract within 14 days subject to the below.

8.4 The cancellation period will expire after 14 days from the day on which you, or a third party on your behalf, collect or take delivery of your vehicle.

8.5 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent by post or email to our address already outlined earlier in this document. If required, you can request a template cancellation notice from us, but it is not obligatory to use this specific template.

8.6 To meet the cancellation deadline, it is sufficient for you to send your clear statement or form confirming your exercise of the right to cancel before the cancellation period has expired.

8.7 Effects of cancellation

8.8 If you cancel this contract, we will reimburse to you payments received from you, except for the supplementary costs arising if you chose delivery over collection or a type of delivery other than the least expensive type of standard delivery offered by us. This reimbursement is subject to the following conditions: We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. Anything over and above a standard test drive will be considered unnecessary handling and will lead to a deduction of £2.00 for each mile driven over 10 miles. In addition, we will also be entitled to make a deduction for any damage or excess wear.

• We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you the vehicle and all documents which were supplied including, but not limited to, service histories, keys and the V5 documentation. We reserve the right to register the vehicle with the DVLA only on expiry of your 14 day cancellation period.

• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. This may include handing back any part exchange vehicle if still available and/or seeking payment from you to cover any negative equity.

• We will withhold the reimbursement until we have received the goods and all paperwork back in good order.

• It is your responsibility to return the vehicle without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The vehicle must not be driven from the date you notify us of your cancellation, other than to drive or have it transported back to us.

• You will remain liable for the vehicle and so for its tax, insurance, and any fines, charges or penalties until it has been accepted back to our premises.

• You will have to bear the direct cost of returning the goods including excess mileage over 10 miles incurred and take full responsibility for the safe return of the vehicle.

Part Exchange

9.1 We are not obliged to take a vehicle in part exchange, nor are you obliged to go through with the part exchange even if an offer has been made.

9.2 Any vehicle taken in part exchange must be available to examine before any value can be placed upon the vehicle. Any estimated valuation prior to inspection is not a binding offer and cannot be relied upon.

9.3 We are entitled to reject any part exchange vehicle after an offer is made, when it is delivered, if:

a) It has been involved in an accident. b) There is a discrepancy in the mileage. c) The condition of the vehicle has changed since the inspection. d) Any issue is identified by way of a HPi check or similar, including outstanding finance or incumbrances. e) It is not your property to sell. f) The V5 document is not in your name or is damaged or missing.

9.4 Any vehicle taken in part exchange must come with:

(i) All keys and accessories (ii) The V5 registration document.

Inspection of the vehicle

10.1 It is the customer’s responsibility to inspect the vehicle carefully prior to purchase. The Dealer cannot be held responsible for a customer’s failure to adequately inspect the vehicle.

Loss or Damage

11.1 The Dealer shall not be responsible for any loss or damage to the Customer’s vehicle, unless caused by the negligence of the Dealer’s employees or agents. The Customer is encouraged to remove all personal items from the vehicle.

Storage Charges

12.1 The Dealer reserves the right to levy a daily charge of £25+ vat per day for storage of the customer’s property and vehicle if left onsite without pre-agreed reason.

Complaints Procedure

13.1 All complaints should be addressed to; The Complaints Manager, 1H Hamilton Business Park, Gore Road, New Milton, BH25 6TL or if sent via email be sent to: info@smallcarsdirect.co.uk.

Dispute Resolution

14.1 We are not part of a Dispute Resolution Scheme.