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TERMS AND CONDITIONS FOR THE SALE OF CARS FROM THE LHD Car Supermarket WEBSITE PLEASE READ CAREFULLY BEFORE ORDERING A CAR
1. DEFINITIONS
1.1 References in these Terms and Conditions to ‘you’ and ‘your’ are to the person who buys a car from us and references to us, ‘we’ or ‘our’ are references to LHD Car Supermarket Ltd. ‘the supplier’ is any third party selling a car which we have advertised or any re-sale or third party interest in.
1.2 These Terms and Conditions apply to all purchases of cars displayed on the LHD Car Supermarket Ltd website at www.lhdcarsupermarket.com and which are purchased by any means by you.
1.3 The car is sold to you by LHD Car Supermarket Ltd and you pay the purchase price to LHD Car Supermarket Ltd and/or ‘the supplier’.
1.4 LHD Car Supermarket Ltd is authorised by to accept orders for cars on these Terms and Conditions and to receive and arrange payment of the purchase price.
2. PRICE AND PRICE VARIATIONS
2.1 The purchase price is the total price payable by you for the car inclusive of car tax, road fund licence, number plates and the total price of any optional equipment, accessories and extended warranty specified in the order and value added tax at the rate in force at the date of order.
2.2 We may vary the purchase price by an amount attributable to any increase or decrease in the rates of car tax, road fund licence and/or value added tax between the date we accept your order and the date we notify you that the car is ready for collection or delivery.
3. PAYMENT TERMS
3.1 You must pay the purchase price (less any deposit you have paid and the value of any part-exchange vehicle calculated) in Pounds Sterling, Euros or agreed currency by electronic funds transfer (BACS or CHAPS) to LHD Car Supermarket Ltd and/or the supplier not less than three working days before the date arranged for collection or delivery of the car.
4. DELIVERY
4.1 When you place an order with us we will ask you to choose whether you wish to have the car delivered to you at an address in mainland Great Britain either on a car transporter or by a driver of our choice or you can collect the car yourself from the supplier. You will be advised of the prices for the different methods of delivery or collection.
4.2 You can change your chosen delivery method up to seven working days before the due delivery date so long as you pay the relevant delivery charges upon written confirmation of your change of delivery or collection request.
4.3 When you ask us to deliver the car to you at an address in mainland Great Britain it may not be perfectly clean and may have suffered wear and tear as a result of the journey. You accept that we will not be liable for such wear and tear unless caused as a direct result of our negligence. Where one of our drivers has delivered the car to you, the mileage shown on the odometer of the car will increase from that indicated in any initial order documentation supplied by us, to reflect the mileage incurred during the journey.
4.4 We will try to deliver the car by the date specified in our confirmation of acceptance of your order, but time will not be of the essence for delivery and we will not be liable to you for any delay in delivery or for any loss (including loss of enjoyment, use and profit), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery.
4.5 You may not take delivery of the car until you have paid the full purchase price and any delivery or collection costs.
5. TERMINATION
5.1 If any of the following occur and, where the breach is capable of remedy, you have not done so within seven days of receiving a written notice from us to that effect, we may terminate the contract:
5.1.1 we reasonably believe that the contract has been formed upon the basis of a typographical or arithmetical error (including but not to the purchase price or part-exchange valuation);
5.1.2 you fail to pay the purchase price and any other sums due to us under these Terms and Conditions before or when the car is available for delivery;
5.1.3 where you have agreed to collect the car, you fail to collect it within fourteen days of the agreed date for collection;
5.1.4 for any reason you are unable to or do not accept delivery of the car at your nominated address in mainland Great Britain on the agreed date for delivery and you did not give us more than three working days notice that you would not be able to accept delivery on that date; or
5.1.5 you are in breach any of these Terms and Conditions.
5.2 In the event of our having to give you notice under clause 8.1, we may store the car or have it stored by a third party on such terms as we think fit, with the reasonable costs of such storage and any additional transportation to be paid by you until we deliver the car to you or terminate the contract.
6. YOUR RIGHT TO CANCEL
6.1 The Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel the contract at any time up to the end of the seventh working day beginning with the day after the day on which you receive the car. Working days excludes weekends and bank holidays.
6.2 If you wish to cancel the contract you must write to us care of LHD Car Supermarket Ltd, Lace Market House, 54-56 High Pavement, Lace Market, Nottinghan, NG1 1HW or fax us on +44 115 985 9103.
6.3 If the contract is cancelled by you in accordance with these Terms and Conditions after delivery of the vehicle we will give you the option of returning the vehicle to us at our distribution centre at LHD Car Supermarket Ltd, Lace Market House, 54-56 High Pavement, Lace Market, Nottingham, NG1 1HW (or such other location as we notify to you) at your expense or permitting us to collect the vehicle from you, in which case we will charge you £250 inc. VAT to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation.
6.4 At the time of return or collection of the car you must provided to us all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the car.
7. CANCELLATION
7.1 If you cancel the contract we may, at our discretion, make a cancellation charge not exceeding £750 or 5% of the total order value - whichever is the greater figure.
7.2 If you cancel the contract following delivery of the car you must take good care of the car until such time as the car is in our control and agree to such arrangements as are necessary to allow us to collect the car if we so require.
7.3 We will return all sums paid by you in relation to the cancelled car less any sums deducted pursuant to Condition 7.1, any sums paid to any third parties and any sums which relate to a service which we have already begun to provide at the date of cancellation within 30 days of written cancellation instructions to LHD Car Supermarket Ltd, Lace Market House, 54-56 High Pavement, Lace Market, Nottingham, NG1 1HW.
7.4 If we have taken possession of a part-exchange vehicle from you when you cancel the contract we may at our option return the part-exchange vehicle to you or pay to you a sum of money equal to the part-exchange valuation.
7.5 If you buy the car from us through a finance company and you cancel the contract, your notice of cancellation will be deemed to cancel the agreement between us and the finance company and the agreement between you and the finance company.
7.6 You will not be entitled to cancel the contract if:
7.7.1 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 and/or any reduction in value of the car;
7.7.2 you are unable for any reason or refuse to return the car to us or permit us to collect the car;
7.7.3 the car has been made to your specifications or clearly personalised.
7.7.4 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 50 miles compared with the reading recorded on the car handover checklist which we will provide to you on delivery of the car.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions affects or excludes your statutory rights as a consumer or any other rights which may not be excluded or by law. Otherwise all terms implied by law are excluded to the fullest extent permitted.
8.2 We will not be liable to you for any loss of profit, of anticipated savings; or of loss of enjoyment, or any other consequential loss.
9. PRIVACY, TERMS OF USE AND COMPLAINTS
9.1 By placing an order you agree to be bound by our Terms of Use and Privacy Policy, both of which can be viewed by clicking on the Terms and Conditions link on the homepage of the LHD Car Supermarket Ltd website (www.lhdcarsupermarket.com) and reviewing the Visitor Agreement.
9.2 We will collect personal information such as your name, address, debit or credit card details, telephone number and e-mail address. We will not share this information with any outside company or persons
9.3 We will keep your personal information in a secure environment in accordance with the provisions of Principle Seven of the Data Protection Act 1998.
9.4 By supplying your personal information to us you consent to its use as described in our Privacy Policy and opt to be included on our direct marketing mailing lists. If you do not wish to receive further marketing information or wish to access, update or correct any inaccuracies in the personal information we hold about you or if you have any other comments or complaints in relation to the contract, write to us at LHD Car Supermarket Ltd, Lace Market House, 54-56 High Pavement, Lace Market, Nottingham, NG1 1HW.
10. GENERAL
10.1 We may tell you verbally that the car is available for delivery, but any other notices required to be given in connection with the contract must be in writing and delivered by hand or prepaid first class post (or airmail for notices sent from outside the United Kingdom). We will send notices to the postal address you give to us when you place an order or to such other address as you notify to us in writing. Notices which you send to us must be sent to LHD Car Supermarket Ltd, Lace Market House, 54-56 High Pavement, Lace Market, Nottingham, NG1 1HW. Notices will be deemed to have been given at the time of delivery (if delivered by hand) or two working days after posting if sent by pre-paid first class post or seven working days after posting if sent by airmail post.
10.2 The contract is personal to you and you may not assign or transfer it to any third party without our prior written consent.
10.3 We can transfer our rights under the contract to a third party, but otherwise nothing in these Terms and Conditions gives any person who is not a party to the contract other than LHD Car Supermarket Ltd any benefit or any right to enforce any of the terms of the contract.
10.4 Except as stated in Condition 1.4, nothing in these Terms and Conditions creates a partnership or agency between us and LHD Car Supermarket Ltd, or authorises either us or LHD Car Supermarket Ltd to act as agent or hold itself out as agent for the other and neither we nor LHD Car Supermarket Ltd have authority to act in the name of, on behalf of, or otherwise to bind the other in any way.
10.5 The display of cars on the LHD Car Supermarket Ltd website and the provision of any quotation is not an offer to sell you a car. If you wish to buy a car you must place an order, which we may accept or refuse. We reserve the right to ask you to pay a deposit. If we refuse to accept your order we do not have to provide you with a reason. If we do accept your order, the contract will, where you have applied for credit to buy the car, be conditional upon your application for credit being accepted.
10.6 All drawings, photographs, illustrations, descriptions and advertising material on our website are published only to give you an approximate idea of the cars for sale and do not form part of the contract between you and us.
10.7 Your order and the formation of the contract are governed by and interpreted in accordance with English law.
10.8 The English courts have jurisdiction to hear disputes between us.