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THE TERMS AND CONDITIONS SET OUT BELOW ARE APPLICABLE TO ALL TRANSACTIONS CONCLUDED BETWEEN US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT A COPY FOR FUTURE REFERENCE AS THEY CONTAIN SIGNIFICANT INFORMATION REGARDING YOUR RIGHTS AND DUTIES AS OUR CUSTOMER. WE WOULD SPECIFICALLY DRAW YOUR ATTENTION TO OUR DATA PROTECTION SECTION REGARDING PERSONAL INFORMATION PROVIDED BY YOU.
1. Preliminary
a. You have visited the Nationalautosales.co.uk website ("the Website") or contacted National Auto Sales ("the company") and wish to purchase a Vehicle ("the Vehicle") subject to these terms and conditions.
b. The Company will only accept an order from you when you have signed and returned a purchase order form in accordance with these terms and conditions. All Vehicles remain the property of the manufacturer or supplier until paid for in full.
c. This service is made available only to adults who are at least 18 years old. By entering into an agreement with us you are certifying to us and all others that you are an adult.
d. National Auto Sales is a trading style of DAMIAN POWELL whose office is at PINFOLD LANE, SOUTHPORT, MERSEYSIDE, PR8 3QL.
2. Contract Formation
a. We invite you to submit information about your desired vehicle's specification to us for a quotation. On receipt of your request we will provide you with a quotation detailing the features on your chosen vehicle and our price suggested for the vehicle. This quotation is for information purposes only and is not an offer to sell you a vehicle.
b. If you are happy with the price contained in the quotation, you should telephone our sales team to let us know that you are interested in placing an order. Our sales representative will confirm the vehicle features and price with you confirm your details and issue you with a vehicle order which will state the expected delivery date. We will also at this stage take payment of the deposit stated in the quotation. Only at this point will a contract be formed and we will send a letter and invoice confirming the details to your home address. Any order that has been submitted by you is submitted on the strict understanding that you accept and agree that any contract that exists between the company and yourself remains confidential and that you will not disclose any vehicle purchase details to any person directly or indirectly connected or involved in the motor trade.
c. You also agree that the vehicle you have ordered is for your own personal use and you are not directly or indirectly connected or involved with any party involved in the motor trade. Failure to comply with these terms may result in a claim back by the company for the discount that has been applied to your vehicle together with any damages that might arise as a result of your breech of this agreement.
d. Should your order be in conjunction with an application for finance, please note that all quotations are for illustration purposes only and do not constitute an offer to enter into a legally binding contract. Credit is available to persons of 18 years and over subject to status and credit approval. Guarantees and Indemnities may be required. Quotations for credit are valid for a maximum of 28 days and are subject to any changes in vehicle prices, residual values, supply terms, statutory legislation or interest rates. Once the credit approval has been obtained and the order agreed the acceptances for credit and vehicle quotations are valid for a maximum of 90 days from issue. Quotations and acceptances may be subject to change outside of these timescales.
3. Deposits
a. The sum required to be paid as a deposit will be stated in the quotation and paid on the formation of the contract.
b. If we fail to supply the vehicle to you because of a failure on our part to carry out our obligations under our contract with you (or if you exercise your right to cancel as set out in Section 9) we will of course return your deposit and will be under no further liability whatsoever to you. Otherwise, deposits are non-refundable.
4. Delivery
a. If we are able to we will provide an initial delivery date on the invoice. This date will be a realistic estimate (Based upon information supplied from the Manufacturer/Supplier at the time we process your order) of when you can expect your vehicle to be delivered. This initial delivery date is approximate only, and we would not usually expect it to be longer than 16 weeks from the date of the contract, unless specially order.
b. We will try to deliver the vehicle by the initial delivery date, but we are dependent on our supplier/the manufacturer delivering the vehicle to us within the agreed timescales. We will regularly update you with information (As and when this is available from the Manufacturer /Supplier) about the expected delivery date, and try to confirm the date by telephone or email where possible.
c. If you are not satisfied with the proposed new delivery date, then you must inform us of your intention (in Writing within 7 days) to withdraw from the contract and we will cancel the order with our supplier/the manufacturer and return your deposit to you . We reserve the right to withdraw from the contract if you fail to confirm your acceptance to the revised delivery date within seven days of us informing you of the proposed new delivery date. Under such circumstances we will refund your deposit less our standard administration charge of £300
d. We shall have no liability to pay any money to you for any loss or delay caused pursuant to clause 4b, other than to refund to you the amount of the deposit paid by you for your vehicle."
e. In the event that you select to have your vehicle delivered to you, we will endeavour to get your vehicle to you in the same condition it left our holding centre. As you will appreciate, due to road and environmental conditions the vehicle may not be perfectly clean and may have suffered such reasonable wear and tear as would be expected during a road journey from its storage location to your address. You accept we shall not be liable for such matters unless caused as a direct result of our negligence.
Whilst every attempt is made to deliver vehicles on the required date at a required time we cannot be held responsible to failin gto do so and will not be held liable for ANY losses incurred by customers or thrid party as a result of any delay or unforeseen circumstance.
5. Price
a. The purchase price is the total price payable by you for the vehicle inclusive of road tax (which is subject to variation below), value added tax at the rate in force on the date the contract is formed, number plates, any optional features in the quotation on which the contract is based, and delivery. (Commercial vehicles are quoted exclusive of VAT, 12 months road tax and first registration fee)
b. The purchase price is subject to variation if the amount attributable to road tax increases or decreases between the formation of the contract and the delivery of the vehicle. Any variation will be reflected in the final balance due from you.
c. The balance of the Purchase Price, this being the Price less the Deposit and the amount of any Part-Exchange Valuation agreed by us, shall be paid before delivery of your Car by you in pounds sterling by Bank Transfer, or Bank Draft made payable to "National Auto Sales" or its manufacturer or supplier. We will not proceed with delivery of the Car until we receive cleared funds into the account in the amount of the balance.
d. When we are able to confirm the delivery date, registration number and chassis number of the vehicle, we will contact you to provide this information.
e. For all new vehicle orders we take a minimum £500 deposit by bank transfer at point of order and the final balance is required 24 - 48 hours before delivery by bank transfer .
f. The company, if you so require, can offer you finance with one of our finance providers. All offers of finance will be subject to status. We must receive cleared funds from the funder before the Vehicle is delivered/released.
g. Please note that the Car will remain the property of The Company or supplier until full and final payment is received by us.
6. Changing the Order
a. After you have signed the Vehicle Order, the Specifications and Price are fixed and may only change as follows:
1. If, following an Order for a generic car model, the manufacturer changes the Specifications or price or model year then you will have the option either to accept the Car with the changed Specifications, Price or model year (and pay any resulting increase to the Price) or to cancel the Order and receive your deposit back in full.
2. If, following the acceptance of your order, it is later determined that the manufacturer has displayed inaccurate or incomplete information on their website and this has resulted in the quoted price or specification being unavailable, The Company will not be held responsible for the completion of the contract
3. If the cost of road fund licence or the rate of value added tax increases then you will be required to pay the increased amount.
7. Finance & Leasing
a. If you choose to purchase a vehicle from us using finance from a third party or through a leasing company you will be subject to further terms and conditions imposed by the finance or leasing company.
8. Part Exchange
a. If you intend to offer a vehicle ("part exchange vehicle") to us in lieu of payment of part of the purchase price of a new vehicle from us, then before you place an order for the vehicle you must complete a used car appraisal form as accurately as possible with information about the part exchange vehicle. Based on the information supplied, we will provide you with a valuation for your vehicle
b. If you are satisfied with the valuation then you can offer to sell us the part exchange vehicle and if we accept, then the relevant amount will be offset against the price of the new vehicle, and the final balance for the new vehicle in the quotation amended accordingly.
c. We will not purchase the part exchange vehicle from you unless you purchase a new vehicle from us and we reserve the right to return the part exchange vehicle if you subsequently cancel the contract as set out in Section 9. In addition, the following conditions must be satisfied when the balance of the purchase price becomes due:
1. the statements and representations made by you in relation to the part exchange vehicle are correct, accurate and repeated at the time that the title of the part exchange vehicle is transferred to us;
2. we have been given a reasonable opportunity to examine the part exchange vehicle and confirm that at the time of collection, it is in the same condition (subject to reasonable wear and tear) as stated by you on the form submitted via our Website; and you are the registered and legal owner of the part exchange vehicle and it is free of all charges (such as a hire purchase or loan agreement); or if the part exchange vehicle is subject to any charge or third party interest, then it is capable of cash settlement. In this case, you agree to transfer the legal ownership of the part exchange vehicle to us along with all relevant documentation and we will arrange for the charges to be discharged with the relevant third parties on a date stated by us. The amount stated as the part exchange allowance and final balance on the quotation will be reduced and the amount payable for the new vehicle by you increased accordingly, and confirmed in an updated invoice; and if the part exchange vehicle is subject to any charge or third party interest, then it is capable of cash settlement. In this case, you agree to transfer the legal ownership of the part exchange vehicle to us along with all relevant documentation and we will arrange for the charges to be discharged with the relevant third parties on a date stated by us. The amount stated as the part exchange allowance and final balance on the quotation will be reduced and the amount payable for the new vehicle by you increased accordingly, and confirmed in an updated invoice; and please note all vehicles are valued on the basis they are the correct model shape for the year of registration. In the event a car is the previous model shape and registered late, this will have a serious detrimental effect on the value of your vehicle and New-Car-Discount reserves the right to either reject or revalue a vehicle in such circumstances.
d. If we collect the part exchange vehicle from you and you then cancel the contract in accordance with paragraph 25, we reserve the right (within ten days from the date of cancellation) to either: return the part exchange vehicle to you; request that you collect the part exchange vehicle from us; pay to you a sum of money equal to the amount of the part exchange valuation and retain the part exchange vehicle; and we may invoice you for the sum paid to third parties to discharge any charges or third party interests on the part exchange vehicle, in addition to the above, if necessary.
9. Cancellations
a. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide you with a right to cancel the contract at any time up to the end of the fourteenth working day beginning with the day after the day on which you receive the car. Working days excludes weekends and bank holidays.
b. If you wish to cancel the Contract you must immediately write to us at National Auto Sales Pinfold Lane, Southport, Merseyside PR83QL, you may email us at sales@nationalautosales.co.uk
c. The written notice should reach us no later than fourteen working days beginning with the day after the day on which you receive the vehicle ("Cancellation Period"). A "working day" means all days other than Saturdays, Sundays and public holidays.
d. If the contract is cancelled by you in accordance with these Terms and Conditions after delivery of the car we will give you the option of returning the car to us at our distribution centre at National Auto Sales at your expense or permitting us to collect the car from you, in which case we will charge you £200 to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation. If you cancel the contract within the Cancellation Period, you must comply with your duties to retain possession of the vehicle and take reasonable care of it until it has been either returned to us or one of our nominee, or a third party carrier employed by you and carrying the requisite insurance to cover any damage in transit.
f. Failure to take reasonable care of the vehicle (excepting reasonable wear and tear) including damage to the body work, interior or any alterations will result in a claim against you for the repair of the vehicle or the loss in value that will result. Similarly, although we understand that you will need to test the vehicle on the road, we would not expect its mileage to have increased more than 100 miles compared with the reading recorded on the vehicle on delivery.
e. At the time of return or collection of the car you must provide to us all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the car..
g. If you cancel the contract we shall return the sums paid by you to date with the following deductions:
1. Charge for the direct costs of recovering the vehicle.
2. Charge for the cost of repair
3. Charge for the cost of diminution of value due to excess mileage
4. Charge for the cost of storage and additional transportation costs
5. Sum paid to third parties
h. In the event you choose to cancel your order prior to delivery for your own personal reasons you must inform us of your intention (in Writing within 7 days) to withdraw from the contract and we will cancel the order with our supplier/the manufacturer and you will lose your deposit due to administrative costs as we will still have to accept the car from the manufacturers and take the vehicle into our own stock.
i. If you use the assistance of a finance company to purchase the vehicle from us and you cancel the contract then your notice of cancellation will be deemed to cancel the agreement between us and the finance company, and your notice of cancellation will be deemed to cancel the agreement between you and the finance company.
j. You will not be able to cancel the contract in the following circumstances
1. The vehicle has been made to your specifications or clearly personalised to your own requirements
2. If you are unable or refuse to return the vehicle to us or permit us to collect the vehicle within 21 days of receiving notice of our intention to collect
3. The car has suffered any damage which was not caused by us unless we decide to accept return of the car and agree an appropriate reduction in the amount of money to be returned to you following cancellation to fairly and adequately compensate us for the cost of repairing the damage to the car and/or any reduction in value of the car
4. You fail to take reasonable care of the car, which for the avoidance of doubt includes increasing the mileage shown on the cars odometer by more than 150 miles compared with the reading recorded on the car handover checklist which we will provide to you on delivery of the car.
10. Vehicle Descriptions
a. Vehicles advertised for sale are described accurately and to the best of our knowledge. As the internet is a 24/7 medium, vehicles are subject to availability. The company will not be held responsible for changes in manufacturers specification from those advertised and any changes to factory lead times. Vehicles ordered before 1st April 2018 but delivered after this date will be subject to the planned changes in VED (Road Tax). https://www.gov.uk/government/publications/vehicle-excise-duty/vehicle-excise-duty. Cars delayed and consequently registered after Friday 30th March 2018 will be subject to the new VED rates above which are applicable from that date. The Company accepts no responsibility for any losses or damages arising from the failure to supply any vehicle.
b. In taking advantage of some of our manufacturer offers we have a two tier discount structure in place. If you have opted for the highest possible discount level we can offer on that specific product there may be a delay in receiving the V5 in your name back from DVLA as it may be first registered to ourselves.
c. The vehicle descriptions and specifications (including manufacturer and dealer options/packs) presented on this website are for guidance only. The company will not be held responsible for any variations or differences to those of the actual manufacturer and/or as presented on the relevant manufacturer’s website. It is therefore strongly advised that all appropriate comparisons to the relevant manufacturer's website are made in advance to ensure the exact vehicle specification required. In placing an order with us, the company will not be held responsible for any variations or differences identified on or after delivery.
11. Use of the Website
a. Any information found on our Website is intended for guidance purposes only. The Website, price and availability of information is subject at our discretion to change without notice to you.
b. The Company puts details of various vehicles on the Website with our suggested on-the-road selling prices.
c. The vehicles pictured on the Website are indicative only of the make and model generally (and may as a result show optional extras for which there will be an additional charge) and will not represent the Vehicle you choose.
d. We cannot guarantee that this Website will be compatible for hardware and software which may be used by visitors to our Website. In no event are we liable for any special incidental or consequential damages, or for interrupted communications, lost data, loss of profits, reverses or viruses which may affect your computer equipment, software, data or other property as a result of you accessing, using or browsing our Website or you downloading any of the materials, data, text or images contained thereon.
e. The Company may wish to change these Terms and Conditions (including those relating to your use of the content) at any time and without notice to you. By using the Website following any changes to the terms, you agree to be bound by those changes.
12. Copyright
a. Our Website design, lay out, look, appearance and source code, software and all of the material used on our Website are the copyright of the Company. All rights are reserved to the Company.
b. The Company gives you permission to electronically copy and print in hard copy format any portion of this Website for the sole purpose of placing an order with us or for using this Website as a means to shop on line. Thus anything which you download and print from our Website is for your personal use only. Any other use of any of the materials on our Website including modification, publication, distribution or republication in any form whatsoever without having obtained the Company's written permission is strictly prohibited.
13. Indemnity
a. You acknowledge that you are solely responsible for the use to which you put our service and/or information and data which you obtain from our Website and all warranties, conditions, undertakings, representations and terms whether express or implied, statutory or otherwise, are hereby excluded to the fullest extent permissible by law.
b. Except in respect of liability for death or personal injury arising out of the Company's negligence, we hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever arising including consequential, special, incidental or any other indirect loss or damage. The Company's liability to you in all circumstances shall not exceed the price which you pay for the Vehicle.
14. Limitation of Liability
a. We will not be liable to you for any of the following
1. Losses that were not reasonably foreseeable to both parties when the contract was formed
2. Losses that were not caused by any breach of these terms and conditions on the part of us
3. Business losses (including but not limited to loss of profit, business opportunity or goodwill)
b. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
15. Governing Law and Jurisdiction
a. These terms shall be governed by and construed in accordance with English law. The parties hereby submit to the jurisdiction of the English Courts.
17. Statutory Rights
a. Our statutory rights including any rights you have as a consumer are not affected by anything in these terms and conditions. Third party rights under the Contracts (Rights against Third Parties) Act 1999 are hereby excluded.
Complaints Handling
National Auto Sales is committed to customer service. Should you have any complaint about our Service, the company is committed to resolving complaints in a fair and effective manner.
Please inform National Auto Sales by email at info@nationalautosales.co.uk should you have any complaint about our service. We are committed to acknowledging your complaint within 48 hours of receipt and undertaking all reasonable efforts to resolving it promptly under the circumstances. We will provide you with a time scale for resolving the dispute and keep you regularly updated with respect to our progress.
You can call our customer services team on 01704570657 |
