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Consumer Credit Regulatory Statement
Fleet Vans Direct Ltd and associated trading styles is authorised and regulated by the Financial Conduct Authority (FCA) for the sale of regulated finance agreements and insurance products. Our FCA Firm Reference Number is 945195. We are a credit broker not a lender and can introduce you to a panel of lenders and intermediaries. A lender or intermediary will pay us for introducing you to them. Any commission payments will not affect the amounts you pay under your finance agreement, all of which are set by the lender concerned. The amount of any commission paid will relate to the amount you borrow, the term of your loan and interest rate charged. Fleet Vans Direct Ltd is incorporated in England & Wales with a trading address of Unit 3, Gurnos Industrial Estate, Bethel Road, Ystalyfera, Swansea SA9 2HW and Company Reg number: 13181059.
Finance is subject to status. Terms and Conditions apply. A guarantee may be required. Over 18’s only. Please ensure you can afford the repayments for the duration of a loan before entering into a credit agreement.
GENERAL
1. These are the terms and conditions on which we shall supply to you the vehicle(s) and/or accessories described on the order form (the “Goods”).
2. You have different rights under these terms depending on whether you are a consumer, business customer or trader.
• You are a consumer if:
(a) you are an individual; and
(b) you are buying the Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
• You are a business customer if you are not a consumer or a trader.
• You are a trader if you are wholly or substantially in the business of buying vehicles.
We have stipulated in these terms where provisions are specific to traders, consumers or businesses only.
3. If you are a business customer or trader, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
4. Your order contained on the vehicle order form (the “Order”) is your offer to purchase the Goods upon these terms. The Agreement is formed when we accept that offer by our authorised representative signing and dating the Order at which point a contract will come into existence between you and us.
5. We may need certain information from you in order to complete your Order, fulfil our obligations under this agreement and/or to comply with Money Laundering and Terrorist Financing Regulations 2019. If you do not give us the required information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may (at our discretion) either cancel this Agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late if it is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. We may at our entire discretion, refuse to change the person’s identity or details given on the Order and/or refuse to register the Goods to anybody other than the person named on the Order. If we reasonably believe that you are purchasing the Goods as a Reseller, we may cancel the contract, in which case clause 27 will apply. A Reseller (for the purposes of these terms and conditions) means a person, corporate or unincorporated body (whether or not having separate legal personality) that purchases (or attempts to purchase) new Goods with the intention of selling the Goods for a profit.
7. You warrant and represent to us that you are not a Reseller and that you will not export (or attempt to export) the Goods outside of the United Kingdom within 6 months of purchase. Without limiting any other rights or remedies we may have, you shall indemnify us against and pay us a sum equal to, all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us or any member of our corporate group arising out of or in connection with you purchasing or selling (or attempting to purchase or sell) the Goods as a Reseller, or exporting (or attempting to export) the Goods outside the United Kingdom within 6 months of their purchase.
PRICE
8. The Purchase Price is the price for the Goods set out in the Order, including (where applicable) accessories, road fund charges, delivery, warranty, insurance, fuel and VAT current at the date of the Order. If the rate or amount of VAT changes between the date of the Order and the date we deliver the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect. Road fund licence charges will be those in force at the date of the vehicle’s registration.
9. If you are a consumer or business customer and the manufacturer of the vehicle (the “Manufacturer”) or the importer or other supplier of the Goods changes the recommended price after you have ordered the Goods but before Delivery (as defined in clause 20), we will notify you of any revision we propose to make to the Purchase Price. If we notify you of an increase in the Purchase Price, or a decrease which is less than the decrease in Manufacturer’s recommended price, you may end the contract with us providing you give us notice of cancellation within 7 days of us notifying you of these changes and we will refund any money paid in advance by you for the Goods. If we do not receive notice of cancellation within this period, the Purchase Price will be amended as proposed and the contract shall continue.
PAYMENT
10. If you are a consumer or business customer:
(a) We may require a deposit or reservation fee from you. If we do (subject to these terms and conditions) it will be fully refundable in the event of failure to complete the sale and purchase of the Goods; and
(b) You may arrange for a finance company to purchase the Goods from us for the Purchase Price. If you do so, the provisions of this Agreement relating to any Part Exchange Vehicle (as defined in clause 13 (if any) shall continue to apply but we shall pay an amount equal to the Allowance (as defined in clause 13) and any deposit paid by you to the finance company on your behalf.
11. Payment of the Purchase Price must be received by us in full and cleared funds on or before Delivery of the Goods.
12. If any sum payable under this Agreement is not paid when due then, without prejudice to our other rights under the Agreement, that sum will bear interest from the due date until payment is made in full at 4% per annum above Bank of England base rate from time to time. If no specific date is set out in the Agreement and credit terms have not been agreed the due date for payment shall be deemed to be the date of Delivery of the Goods.
PART EXCHANGE VEHICLES
13. If we have agreed to accept a vehicle offered by you at an agreed value in part payment of the Purchase Price (the “Part Exchange Vehicle”), you confirm to us that the Part Exchange Vehicle:
(a) is free from any hire purchase agreement, personal contract purchase, charges or other encumbrances (together
“Encumbrances”) which you did not disclose to us on the Order;
(b) will be delivered to our place of business before we Deliver the Goods to you; and
(c) is in the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us as it was when we examined it before agreeing the amount specified on the Order as allowed against the Purchase Price (the “Allowance”). If you fail to satisfy any of the above conditions, we may refuse to accept the Part Exchange Vehicle or refuse to apply the Allowance against the Purchase Price.
14. If there are Encumbrances on the Part Exchange Vehicle that are capable of cash settlement by payment of an amount not exceeding the Allowance, instead of applying the whole of the Allowance towards payment of the Purchase Price, we will apply the Allowance, or part of it as applicable, towards settlement of any obligation to third parties in respect of the Part Exchange Vehicle which are capable of cash settlement. Payment to any such interested third parties is to be made after we have received the Part Exchange Vehicle and made Delivery of the Goods to you.
15. If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount you disclosed to us on the Order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless (at our discretion) reduce the Allowance and accept the Part Exchange Vehicle or cancel the contract.
16. If the sale and purchase of the Goods takes place more than 30 days after the date of the Order, except where the delay is a direct result of our act or omission, we reserve the right to reduce the Allowance by 3% for each completed period of 30 days between the date of the Order and the date of sale and purchase of the Goods.
SALE OF USED VEHICLES TO CONSUMERS AND BUSINESS CUSTOMERS
17. If you are a consumer or business customer and the Goods are a used, previously owned vehicle(s), the Goods are sold:
(a) subject to any defects which we have drawn to your attention prior to you placing the Order;
(b) subject to any defects which you discovered or ought to have discovered upon examining the Goods prior to placing the Order (irrespective of whether you carried out such examination) and, in that regard, you acknowledge that you have been afforded the opportunity to examine the Goods;
(c) with the unexpired portion of the Manufacturer’s warranty (if any) together with any used car warranty made available with respect to the Goods as stated on the Order; and
(d) on the understanding that vehicles previously owned by a business or corporate entity may have been used for business purposes and/or by multiple users.
SALE OF USED VEHICLES TO TRADERS
18. If you are a trader:
(a) it is your responsibility to ensure that you check for and attend to any outstanding safety recalls prior to any subsequent sale of the Goods. Please refer to the Government DVSA Website at: https://www.gov.uk/vehicle-recalls-and-faults for further details;
(b) the Goods are sold as seen, tried and tested without guarantee;
(c) the Goods are sold subject to all (if any) faults and imperfections;
(d) you should satisfy yourself prior to purchase as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Goods and should exercise and rely on your own judgment as to whether the Goods accord with any description; AND
accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded subject to clause 37 below.
CHERISHED NUMBER PLATES
19. Where the Goods display a personalised or cherished number plate, unless stated on the Order, such number plate is not included in the sale of the Goods. You are responsible for and shall procure the retention or transfer of such number plate (as applicable).
DELIVERY
20. Unless otherwise specifically agreed in writing, “Delivery” means us making the Goods available at our premises for collection by you (and “Deliver” shall be construed accordingly).
21. If we fail to Deliver the Goods within 42 days of the estimated delivery date (as set out on the Order), you may give us notice requiring Delivery. If we fail to Deliver within 14 days of receipt of such notice, you may give us notice cancelling the Agreement and clause 27 will apply.
22. We will inform you when the Goods are ready for Delivery, and you must pay the Purchase Price and take Delivery within 14 days of being so informed. If you fail to pay the Purchase Price and take Delivery within 14 days of being informed that the Goods are ready for Delivery, we may cancel the contract and clause 27 shall apply.
RANSFER OF OWNERSHIP AND RISK
23. The Goods will continue to belong to us until the total Purchase Price has been paid in cleared funds. Risk in the Goods shall pass to you on Delivery and you should insure accordingly. Ownership of any Part Exchange Vehicle will transfer to us when you take Delivery of the Goods.
MANUFACTURER’S WARRANTY
24. If the Goods are a new vehicle(s), we undertake that any pre-delivery work specified by the Manufacturer will be carried out and the Goods will be sold with the benefit of the Manufacturer’s warranty. If you are a consumer or business customer, the Manufacturer’s warranty is additional to your statutory rights, and is not affected by any change of ownership of the Goods. Remedial work under warranty should be carried out in accordance with the Manufacturer’s warranty terms which are detailed within the owner’s handbook supplied or on the Manufacturer’s website.
ENDING THE CONTRACT
25. If you are a consumer or business customer and you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you any money paid in advance for the Goods. The reasons you may end the contract are:
a) we have told you about an upcoming change to the model or specification you ordered or these terms which you do not agree to;
b) we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
c) it is likely that our obligations under this Agreement may be significantly delayed because of events outside our control (for which we shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement);
d) you have a legal right to end the contract because of something we have done wrong.
You can give notice to end the contract anytime before the contract is completed. This contract is completed when the Goods are Delivered and paid for.
26. We may end the contract at any time by giving notice to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b) you breach any other term of this Agreement;
c) if the Manufacturer had suspended supply of the model or specification of Goods you have ordered, or if we are unable to obtain them from the importer or other supplier; or
d) you do not, within a reasonable time of us asking for it, provide us with information pursuant to clause 5; or
e) you do not, within a reasonable time, take Delivery of the Goods (pursuant to clause 22).
27. If the contract is ended at any time before it is completed, we will refund any money you have paid in advance for the Goods but we may deduct from that refund (or if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract or us ending the contract as a result of you breaching the Agreement.
DISTANCE AND OFF-PREMISES CONTRACTS
28. If you are:
a) a trader;
b) a business customer;
c) a consumer and you do not conclude this contract as a “distance contract” or an “off premises contract” (as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
d) a consumer purchasing the Goods using hire purchase, personal contract purchase or otherwise where there is a conditional sale and title to the Goods has not passed to you; or
e) a consumer, and the Goods have been made to your specification or personalised; then
you do NOT have a right to cancel this contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and clauses 29, 30, 31 and 32 will not apply.
29. We usually conclude our sales contracts on our trade premises. However, if you are a consumer and this contract has been concluded exclusively as a “distance contract” or an “off-premises contract” (as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you may cancel this contract (without giving any reason) up to 14 days after the day you took delivery of the Goods, whereupon you must return the Goods to the our premises as soon as reasonably possible and in any event not later than 14 days of giving us the notice of cancellation. If the contract was not concluded by exclusive means of “distance selling” or “off-premises selling” then it will be deemed as an “on-premises” contract by law and you will not have the right to cancel the contract within 14 days of Delivery.
30. Upon receipt of the Goods back into our possession we will reimburse to you all payments received from you, including the costs of delivery unless they are of a non-standard nature, within 14 calendar days. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we have the option of either returning the Part Exchange Vehicle to you or refunding the Allowance.
31. We may deduct from any reimbursement due to you:
a) a charge for the cost of recovering the Goods from you if you fail to return the Goods within 14 days of giving us notice of cancellation;
b) the amount paid by us to discharge any Encumbrances affecting any Part-Exchange Vehicle. If the amount paid to discharge any Encumbrances exceeds the Allowance you shall immediately reimburse us on demand;
c) the amount paid by us to prepare the Goods for onward sale (including valet costs);
d) the amount by which the value of the Goods has diminished as a result of you handling the Goods beyond what is necessary to establish its nature, characteristics and functioning.
32. For the purpose of clause 31, without limitation, the following are considered to be beyond what is necessary to establish its nature, characteristics and functioning:
a) any loss or damage to the Goods;
b) any unreasonable wear or tear to the Goods;
c) any alteration, modification or personalisation of the Goods; or
d) where the Goods are a vehicle, any mileage added to the Goods from the date of Delivery in excess of 20 miles (and we may charge you £1 per mile for any such excess mileage).
LIMITS OF LIABILITY
33. The Goods are sold strictly on the condition that you have inspected them and have satisfied yourself of their suitability for your purposes and of their satisfactory quality.
34. You acknowledge that specification and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and forecasts and representations made by us to you do not form part of the contract and we shall be under no liability nor shall you be entitled to any remedy under the provisions of the Misrepresentation Act 1967.
35. If you are a business customer or Trader, our total liability for your aggregate claims arising out of a single act or default by us (whether due to our negligence or otherwise) shall not exceed the Purchase Price.
36. We shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, loss of data, business opportunities, or damage to goodwill (whether such losses are direct or indirect).
37. Nothing in the Agreement shall be construed as limiting or excluding any liability of ours which may not by law, be excluded.
COMPLAINTS
38. If there is a problem with the Goods:
a) You should contact us as soon as possible after having become aware of a problem with the Goods.
b) If you are a consumer, you have the protection of the Consumer Rights Act 2015 for full details please refer to the Consumer Rights Section to be found at: www.citizensadvice.org.uk
NOTICES AND GENERAL PROVISIONS
39. Notices. Any notice given by a party under or in connection with this Agreement shall be in writing and shall be:
a) delivered by hand or by pre-paid post to that party’s address stated on the Order; or
b) sent by email to the address specified in the Order.
40. Any notice shall be deemed to have been received:
a) if delivered by hand, at the time the notice is left at the proper address;
b) if sent by pre-paid post, at 9.00 am on the third day after posting; or
c) 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 40(c), 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.
41. Data Protection. When, collecting, storing, handling and processing your Personal Data we comply with the GDPR 2016 and the Data Protection Act 2018 (as revised from time to time).
42. Third Party Rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any remedy or right of a third party which exists or is available apart from that Act.
43. Severance. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted (but that shall not affect the validity or enforceability of the rest of this Agreement) and the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
44. Variation. No amendments or variation of this Agreement shall be binding on the parties unless it is set out in writing, expressed to amend this Agreement and signed by an authorised representative of each party.
45. Governing Law and Jurisdiction. This Agreement shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law. Each party agrees that any dispute arising under this Agreement which cannot be resolved amicably by negotiation between the parties should be submitted to mediation with an approved Chartered Trading Standards Institute Alternative Dispute Resolution (“ADR”) provider with relevant experience of the motor retail industry. Failing this, either party may refer the dispute to the English courts in accordance with this clause 45.