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Terms and Conditions from Newregcars.co.uk
1. Preliminary:
1.1 You have visited the newregcars.co.uk Website ("the Website") or contacted Newregcars.co.uk Limited ("the Company") and wish to purchase a Vehicle ("the Vehicle") subject to these terms and conditions.
1.2 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 our property until paid for in full.
1.3 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.
1.4 Newregcars.co.uk Limited is a company incorporated in England and Wales whose registered number is 05756145 and its registered office is at 17 Harrogate Way, Southport, Merseyside, PR9 8JN.
1.5 Newregcars.co.uk is a Website
owned and administered by the Company
and you may contact us by e-mail to
info@newregcars.co.uk.
2. Contract Formation:
No contract will subsist between you and the Company for the sale by it to you of a Vehicle unless and until we accept your order. We reserve the right at all times without notice to you to refuse at our sole discretion to supply any Vehicle ordered by you.
3. Use of our Website:
3.1 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.
3.2 The Company puts details of various vehicles on the Website with our suggested on-the-road selling prices.
3.3 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.
3.4 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.
4. Indemnity
4.1 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.
4.2 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.
5. Copyright
5.1 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.
5.2 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.
6. Typographical Errors
6.1 In the event that any of our vehicles are listed at an incorrect price due to typographical error, error in pricing information from our suppliers or due to any omission on our behalf or for any other reason whatsoever, the Company shall have the right to refuse to accept any order from you or to cancel any order received from you based on the incorrect price whether or not the order has been accepted. In either event, we reiterate that an order will only be accepted by the Company as a legally binding contract once your deposit and purchase order form are received by us.
7. Description of Vehicles
7.1 The Company warrants that the Vehicle at the time of delivery will correspond to the description given by the Company. It must be appreciated by you that it is not practical to publish detailed specifications for all of our vehicles. You should note that all images, descriptive matter, specifications and advertising is solely for the purpose of giving an approximate description of the Vehicle.
7.2 The vehicles are supplied by the Company pre-registered and you understand and accept that you shall not be recorded as the first owner on the V5 logbook.
7.3 All vehicles registration papers will be kept in our suppliers name for 6 months after delivery in order to secure the discount/fleet terms negotiated by newregcars as part of the agreement made with you.
8. Deposit
8.1 A deposit of £600.00 will be required by the Company depending on the price of the Vehicle you are ordering, such sum to be confirmed to you by the Company upon you placing your order.
9. Purchase Order
9.1 Your order of the Vehicle from this Website or by telephone is an offer by you and all orders are subject to acceptance by the Company which is dependent upon the availability of the Vehicle being ordered, price changes and the payment of a deposit in accordance with clause 8. If the Vehicle you have ordered is unavailable the Company will contact you by e-mail or telephone with suggested alternatives. If the Vehicle is available then the Company will contact you to request payment of the deposit and will send a purchase order form including a detailed Vehicle specification, price, estimated delivery date and other details.
9.2 If you wish to purchase the Vehicle you should read and sign the purchase order form and return it to the Company. By signing and returning the purchase order form you agree to purchase a Vehicle of the specification detailed at the price detailed.
9.3 Once the Company has received your deposit and signed purchase order form we will arrange delivery of the Vehicle to the address specified by you on the delivery date detailed on the purchase order form or as soon as reasonably practicable thereafter.
10. Price
10.1 The price for vehicles on our Website are quoted inclusive of vat unless otherwise stated and include number plates, 12 months road tax and the first registration fee.
10.2 Prices on our Website are for information purposes only and do not constitute an offer by us capable of an acceptance by you.
10.3 By signing and returning the purchase order form you are agreeing to purchase a Vehicle of the specification detailed. In some cases optional extras may be inconsistent with the basic specification for the Vehicle concerned and in cases where you request optional extras the basic specification may differ accordingly and you agree to accept such variations without limitation.
10.4 The price quoted by us in the purchase order form shall be valid for five working days from receipt by you of the purchase order form which must be returned to the Company within this period to maintain the price. The Company must receive your deposit by credit card payment when you order the Vehicle on line or over the telephone.
10.5 The Company reserve the right to increase the price of the Vehicle ordered by you in the event that the Company's suppliers increase their price. The Company shall notify you of such a change (if any) as soon as reasonably practical and you will have the right to cancel your order if the increase is greater than 5 per cent of the previous quoted price.
10.6 Payment of the balance due on the Vehicle must be made by telegraphic transfer to the Company prior to delivery of the Vehicle. Alternatively, payment of the balance due may be made by way of banker's draft payable to the Company on the date the Vehicle is delivered to you. Title to the Vehicle will only transfer to you when the Company receives payment in full in cleared funds.
11. Delivery
11.1 The Company will make every effort to deliver the Vehicle on the delivery date specified in the purchase order form. However, delays will occasionally occur and time shall not be of the essence. The Company shall not be liable for any damage or loss (including consequential loss) occasioned to you or any third party arising directly or indirectly out of any failure on the Company's behalf to meet any estimated delivery date.
11.2 The Company will only deliver the Vehicle to the address specified by you on the purchase order form and you should make all arrangements necessary to take delivery of the Vehicle when it is tendered for delivery.
11.3 On delivery of the Vehicle you will need to provide the Company with a copy of the signed purchase order form and proof of identity.
11.4 If you are purchasing the Vehicle using one of our finance packages you will also need to provide a copy of your driving licence (including photo card) and a copy of a utility bill dated within the last 90 days. Other documentation may be required subject to status.
11.5 The Vehicle will be delivered to you by the method you have specified in the purchase order form. The Vehicle can either be driven to your home or work address or delivered by transporter. If the Vehicle is driven you acknowledge that the mileage on the Vehicle will be increased commensurate with the distance between our depot and your address. Delivery to mainland UK will incur an additional charge of £150 if the Vehicle is driven and £300 if delivered by transporter. Additional charges for deliveries to Northern Ireland will be quoted for separately on the purchase order form.
11.6 On delivery of the Vehicle you will be required to sign an inspection sheet confirming that you have inspected the Vehicle and that it complies with the specification detailed in the purchase order form and that the Vehicle is undamaged. If any of the foregoing is incorrect, you will inform the Company immediately by noting it on the inspection sheet in which case the following will apply:-
11.6.1 If the Vehicle is damaged
you will have the option to :
11.6.1.1 have the Vehicle repaired
free of charge in which case we will
inform you of an alternative date
for delivery; or
11.6.1.2 accept the Vehicle and arrange
your own repairs (at the Company's
cost). If this is your preferred option
you must obtain three quotations for
the repairs and the Company will select
its preferred repairer; or
11.6.1.3 you may request the Company
to re-order a new vehicle.
11.6.2 If the Vehicle does not meet the specification detailed in the purchase order form the Company will re-order the correct Vehicle ordered and arrange an alternative date for delivery.
11.7 Vehicles cannot be picked up from the Company's depot. You shall only have the right to cancel your order if there is a delay in delivery exceeding 12 weeks from the date specified in the purchase order form. If you wish to cancel your order under the provisions of this clause you must notify the Company in writing. If we do not receive such written notification the Company shall be entitled to regard this as a waiver of your right of cancellation.
11.8 If you request a delayed delivery for any reason the Company will endeavour to arrange this. However, in such cases, the Company will charge a storage fee of £20.00 per vehicle per day.
12. Cancellation of Orders
12.1 After signing and returning the purchase order form you may not cancel the order without penalty (unless the Vehicle delivered does not meet the specifications detailed in the purchase order form)
12.2 If you cancel your order before delivery of the Vehicle you will forfeit your deposit. You further acknowledge that the Company will in such circumstances (where the Company is unable to return the Vehicle to the supplier without penalty) incur increased administration and storage costs. You therefore agree to pay the Company's reasonable administration and storage costs up to a maximum figure of £1,000.00. If the Company's supplier charges an additional cancellation fee this will also be payable by you.
12.3 If you cancel your order on the date of delivery (by which time the Company will have purchased the Vehicle from its supplier) you agree to pay the Company's reasonable administration and storage charges limited to a maximum of £5,000.00.
12.4 In the event that the Company can source an alternative purchaser for the Vehicle our reasonable administration and storage charges will be limited to a maximum of £1,000.00.
12.5 By virtue of The Consumer Protection Distance Selling Regulations 2000 you have right to cancel this agreement with us at any time up to the close of business on the seventh working day which, for the avoidance of doubt, shall commence on the day after the day on which the Vehicle is delivered to you.
12.6 If you wish to cancel the Contract you must immediately write to us at Newregcars.co.uk Ltd, 17 HARROGATE WAY, SOUTHPORT, MERSEYSIDE, PR9 8JN or alternatively, you may email us at info@newregcars.co.uk. In the event that the agreement is cancelled by you, in accordance with our terms and conditions after the vehicle is delivered to you and in the event of us having to collect the Vehicle from you we will charge you the sum of £300 in relation to our administrative costs and the costs incurred by us in recovering the Vehicle from you.
12.7 When the Vehicle is collected from you, you must provide us with all keys, registration documentation, optional extras, equipment accessories and all other documentation and paperwork supplied with the Vehicle.
13. Finance
13.1 If you take out one of the Company's finance products in relation to the Vehicle the terms of that agreement will replace these terms and conditions.
13.2 In particular the payment terms of the finance agreement will apply instead of clause 10. Any deposit paid pursuant to clause 8 will be credited towards the deposit required under the finance agreement.
13.3 Your rights to withdraw and cancellation will be governed by the finance agreement rather than these terms and conditions.
14. Data Protection and Privacy Policy
14.1 Privacy issues are very important to the Company, given the current regulatory and technical environment and we are committed to protecting your privacy.
15. Use of Personal Data
15.1 The Company will collect information
and use it for the following purposes:-
15.1.1 when placing an order with
the Company we need to know your name,
e-mail address, delivery address,
credit or debit card number and the
card's expiry date. We use this
information in order to process your
order, for credit purposes, marketing,
market research and analysis and to
notify you of the status of the order;
15.1.2 the Company also asks you for
your telephone number which enables
us to contact you in the event of
there being a problem or query with
your order;
15.1.3 the Company may disclose your
information to other parties for the
purposes of processing and fulfilling
your order;
15.1.4 the Company may also use the
information that we collect from you
to notify you from time to time about
functionality changes to our Website,
the services that we provide and details
of special or promotional offers.
16. Protection of Personal Data
16.1 We have taken every possible precaution to create a secure environment and to protect the personal information supplied by you to us when making an order. When an order is placed we offer the use of a secure service. Essentially we have adopted the industry standard encryption methods in that the secure service software (SSL) encrypts all information input before it is sent to us.
16.2 In order to comply with the Data Protection Act 1998 and for maximum peace of mind we can advise that we have implemented strict security procedures in relation to the storage and disclosure of information which you have given to us for the purpose of preventing unauthorised access. For security reasons and to protect your right of privacy the Company may occasionally request proof of identity from you before disclosing any sensitive information to you or accepting any order from you.
17. Disclosure of Information to Third Parties
17.1 We do not sell, trade or lend your personal information (data) to others.
17.2 The Company employs third parties and individuals to perform certain functions on our behalf. Examples of these might be a courier delivering your Vehicle to you, analysis of data, provision of marketing assistance, processing credit card payments and provision of a customer services department. Please rest assured that these companies and individuals who have access to any such personal information are not permitted to use the information for any other purposes and they are required to process any such data in accordance with the Data Protection Act 1998.
18. Access to Information
18.1 You may obtain details of the personal information we hold on you by e-mailing us. Our data protection officer will revert to you within five working days. There is a statutory fee of £10 payable prior to accessing the information.
19. Consent and Data Protection
19.1 By using our Website you irrevocably consent to authorising the Company to collate, collect and use this information. Any changes to our privacy policy will be updated and posted on this page of the Company's Website.
20. Variation of Content
20.1 The Company hereby reserves the right at any time and without notice to remove, amend or vary any of the content supplied in connection with our services or which appears on any page of the Website.
21. Agreement
21.1 These terms and conditions set out the whole of our agreement with you relating to service/goods that we are supplying. They cannot be varied except in writing by a director of the Company. Any such variation shall be updated on the Website. More particularly anything said by any sales person acting by or on behalf of the Company should not be understood or deemed to be a variation of these terms and conditions or an authorised representation of the service/goods that the Company provides to you or the nature and quality of any of the Vehicles that are advertised, displayed or supplied to you. The Company shall bear no liability whatsoever for any such representation being untrue or misleading.
22. Waiver
22.1 The Company's failure to insist upon the strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of the Company's rights and remedies in respect of any present or future default by you in the performance or compliance with any of these terms and conditions.
23. Severability
23.1 Any provision of these terms and conditions which is void or unenforceable will be severed from the rest which will remain in full force and effect.
24. Force Majeure
24.1 The Company will be released from our obligations under any agreement with you and we will not be under any liability whatsoever to you in the event that we are prevented or delayed from performing this agreement (i.e. supplying or making delivery of any Vehicle to you) in the event of national emergency or prohibitive Governmental regulation or by any reason or cause beyond our reasonable controls
25. Notices
25.1 Any notice given shall be given by hand or sent by pre-paid first class post or electronic mail in the case of either party.
26. Transfer
26.1 The Company may transfer its rights and liabilities under this agreement and your liability on your account to any third party.
27. Governing Law and Jurisdiction
27.1 These terms shall be governed by and construed in accordance with English law. The parties hereby submit to the jurisdiction of the English Courts.
28. Statutory Rights
28.1 Your 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
NewRegCars is committed to customer service. Should you have any complaint about the NewRegCars Service, NewRegCars.co.uk is committed to resolving complaints in a fair and effective manner.
Please inform NewRegCars.co.uk by email at enquiries@newregcars.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 0870 922 0983
