Terms & Conditions for South and West Motors in Somerset
Acceptance of Terms
- Welcome to the Terms and Conditions for South & West Motors Ltd ("Agreement"). By entering in to a contract with Us either by face to face transaction at Our Place of Business, or any form of Distance Contract, You agree to abide by this Agreement. This is a legally binding agreement between You and Us.
a. "We", "Us", "Our" and "South & West Motors" shall refer to South & West Motors Ltd whose registered number is 09112134 and registered office is, Batheaston Service Station, London Road East, Batheaston, BA1 7RL.
b. "You" and "Your" shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
c. "Goods" are used vehicles supplied by Us plus any ancillary products or services.
d. Satisfactory "Merchantable Quality" is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect Your rights pursuant to the CRA.
e. "Payment Method" is by Bankers Draft, Credit/Debit card, Bank Transfer or Cash. Credit cards will be subject to a 3% levy charge to cover processing costs.
f. "CRA" is the Consumer Rights Act 2015.
g. "Place of Business" represents any place where We trade with face to face interaction with You and where Our Goods are presented for retail to the general public.
h. "Distance Contract" represents any form of sale conducted by Us to You that does not include any face to face contact from (and including) an initial order being raised on a vehicle until the time of delivery or collection of the Goods at which point Our contract is concluded. In these cases the contract is governed by both the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Distance Marketing Regulations 2004 as appropriate.
i. "Specification" represents the accurate description of the vehicle make model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine; colour; wheel size; upholstery; equipment or other feature that has a material effect on the valuation of the vehicle.
Orders and Deposits
2. In You placing an order it enables Us to remove a vehicle from retail sale to the general public and allocate a reserved status. To do this a deposit is required from You, the amount of the deposit required is subject to variation at the sole discretion of Us and will be not less than £99 per vehicle and typically £200. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 7 days.
a. If You are reserving a vehicle that You have not had the opportunity to inspect, by way of a Distance Contract or otherwise, You are entitled to a full refund of the deposit monies less any failed appointment charges as defined in clause 4. These monies will be returned by Us by way of bank transfer, manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
3. The deposit having been paid upon the placing of an order then the balance payable is to be paid by You prior to delivery of the Goods or on Collection of them.
a. In line with changes to legislation as of 13th January 2018, We no longer charge Card fees, however We no longer accept Credit Cards for any purchase and can only accept Debit Card payments over £20 in value. Other ways to pay via Debit Card above £20, Cash or BACS.
Failed Appointment Charge
4. We reserve the right to invoke a Failed Appointment Charge of £50 per instance to compensate Us for costs incurred for a failure by You to meet an agreed appointment made with Us that was previously confirmed in writing (including email and SMS) or by phone or face-to-face. Failed Appointment Charges will be waived should You provide in writing a minimum of 24 hours notice of Your inability to meet the agreed appointment. An appointment includes agreed dates and times to view a vehicle and also appointments to take delivery of the Goods.
Part Exchange / Our Used Vehicle Purchases from You
5. Where We agree to allow part of the price of the Goods to be paid by You delivering a used vehicle to Us, such used vehicle shall be delivered and accepted upon the following conditions:
a. That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement.
b. That where the used vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
c. You will disclose to Us whether the used vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
d. If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 5(b) or 5(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of You sending notice to cancel this agreement either under clauses 7, 8 and 9 or in line with Your statutory rights.
e. Where Your vehicle is sold to Us with a Private Number Plate (or Plate of which we agree for you to retain), it is Your responsibility to make arrangements with the DVLA for the transfer to take place before sale or failing this, for us to transfer the desired Plate to you with the set fee charged by the DVLA at the time of application plus our administration costs. If you fail to follow this step as outlined and the vehicle we purchased from you is sold with the Number Plate, we cannot be made liable for its new ownership.
6. We may agree to purchase Your used vehicle even if You do not choose to purchase a vehicle from South & West Motors. In these instances Your responsibilities under clause 5 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a South & West Motors employee or representative.
7. 7 Day Money Back Guarantee South & West Motors offer to all retail customers (not Trade Sales) a 7 Day Money Back Guarantee on the purchase of Your Goods. The 7 Days commence from the day after the date on which collection takes place and are inclusive of weekends and bank holidays. The 7 Day Money Back Guarantee is in addition to and does not affect Your statutory consumer rights. To serve notice of Your intention to invoke this cancellation please see clause 9 and it is subject to the following conditions;
a. There is a duty of care for You to return the Goods in a condition commensurate with that at the time of Collection. We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of delivery.
b. All vehicles returned will be subject to a returns fee of £149 which represents a non-refundable administration fee paid upon purchase, the fee covers all costs associated with administration and paperwork including sending V5 documentation to the DVLA as well as loss of sale and costs associated with re-preparation of the vehicle to return it to sale or for its disposal. The fee is a separate entity to the sale price of the vehicle and is therefore enforceable regardless of vehicle return due to the Consumer Rights Act 2015.
c. A usage charge will be applied relating to the mileage that the vehicle has been driven under Your ownership, representing the increase in miles during the period between collection of the vehicle by You and the subsequent return of the vehicle, as evidenced by the odometer at the time of return and the original mileage as documented at the point of collection. The mileage charge will be;
|Miles Driven||Usage Charge|
|0-100 miles||No charge|
|over 100 miles||£1.50 per mile there after|
d. If We agree to recover the vehicle We reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our Place of Business to Your place of residence. These charges will also be subject to VAT.
e. All documentation provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to produce these, We will charge an extra fee to cover loss of vehicle value. This amount will be priced according to the value of the vehicle at the time of Your purchase.
f. An agreed date and time for a return or collection of a vehicle will be made between You and Us which will be no more than 5 days from the notification by You of the cancellation. If You fail to return the goods at the agreed time We reserve the right to charge a Failed Appointment Charge. Under Distance Contracts the return date will be extended to 10 days from the notification by You of the cancellation.
g. We will refund You any amounts due after adjusting for any returns fee, usage charges or other charges as soon as reasonably possible (and in any event within fourteen (14) days of cancellation). If Your purchase included a part exchange vehicle please review clause 5 regarding the treatment of this.
8. You will have the benefit of fourteen (14) days to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the day the Goods were delivered to You and finishes 14 days after this date, unless that date is a Saturday, Sunday or UK Bank Holiday in which case it will move to the next working day. Notice to exercise this right needs to be provided in accordance with clause 9 and is subject to the same conditions as defined by clause 7(a) - 7(f).
Notices and Complaints
9. In order to serve notice to Us to invoke Your rights to return Your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of the Secretary at the address shown on Your invoice or alternatively via email to firstname.lastname@example.org. In Your complaint please make it clear the nature of Your complaint, the registration of Your vehicle (if relevant) and Your contact details.
10. Any vehicles which show an issue / fault within 6 months of purchase and in which a valid AA Warranty (facilitated by Us) exists, You agree to pursue a claim directly with the Warranty company. Only when an outcome is reached by the Warranty Company will We be able to advise You directly on the specified issue / start our own course of action. If You are unable to locate a VAT registered repairer (non-dealership) We encouraged You to advise Us directly where We shall endeavour to book an AA Approved Third Party repairer.
a. We will try to resolve Your concerns as soon as possible, usually before the end of the next working day. If this isn't possible We will contact You within 5 working days to explain what We are doing and when You can expect a resolution.
b. Within 8 weeks We will call or write to You either with a final response advising You of Our findings, or an update on Our investigations and confirmation of when We expect to be able to provide a final response, if appropriate.
c. If a the Return of your vehicle is accepted and Refunded as part of this agreement, you or any third party on your behalf are prohibited from making negative reviews or comments in regards to it, on any public platform including (but not limited to) social media, reviewing platforms and online forums.
12. Trade purchasers do not qualify for the Money Back Guarantee offered under clauses 7 and 8.
13. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the CRA, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.
14. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services, nor does it constitute an offer for the sale of any particular vehicle.
15. Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.
We understand Your personal information is sensitive and will only use requested information for the purposes of Registering YourKeepership with a vehicle, Vehicle Taxation, Warranty Enrolment and Finance Facilities (if requested). By signing the Contract, You consent to this Privacy Notice and give Us permission to process Your personal data specifically for the purposes identified. We will not pass on Your information to any other Third Parties other than legal Governing or Regulatory bodies without Your prior consent.