Terms And Conditions Of Sale

1. These Terms

1.1 Save for as provided below, these are the terms and conditions (Terms) on which we sell and supply to you, and you buy from us, a vehicle (Vehicle) using our website (https://www.thecarwarehouse.co.uk/) (Site).

1.2 These Terms do not apply if we sell and supply to you, and you buy from us, a vehicle otherwise than using our Site (for example, in store at our premises) and different terms and conditions will then apply.

1.3 These Terms do not apply if we sell and supply to you, and you buy from us, a vehicle and you are doing so in the course of a business and different terms and conditions will then apply.

Accordingly, these Terms apply exclusively for online business to consumer sales only.

1.4 If you are not resident in the United Kingdom and you choose to buy any vehicle from us, then these Terms shall not apply.

1.5 These Terms may change from time to time so make sure you check these Terms each time you buy a Vehicle from us using our Site.

1.6 Please read these Terms carefully before you submit your Order (as defined in clause 3.2 below). These Terms tell you who we are, how we will supply/sell the Vehicle to you, how you and we may change or end the Contract (as defined in clause 3.2 below) between us, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 We are Lee Jonathan Rowney trading as The Car Warehouse. We are established as a sole trader and our address is The Car Warehouse, Snowdon Road, Middlesbrough, Cleveland, TS2 1LR. Our registered VAT number is 997050878.

2.2 We operate the Site.

2.3 You can find out how to contact us for any reason at the following link - https://www.thecarwarehouse.co.uk/contact-us.

2.4 If we have to contact you we will do so:

(a) by telephone to any telephone number you have provided to us;

(b) by writing at the email address or postal address you have provided to us; or

2.5 When we use the words writing or written in these Terms, this includes e-mails and other electronic forms of communication.

3. Our Contract with you

3.1 Unless we specify otherwise from time to time, we (being the person/entity identified in clause 2.1 above) will be the supplier/seller of the Vehicle and will supply/sell the Vehicle to you (being the person or entity that submits the Order (as defined in clause 3.2 below) to us).

3.2 When you confirm that you wish to buy the Vehicle using the order process on our Site, you are placing an order for the Vehicle (Order) which will confirm various details to us including your personal details and the specific Vehicle you want. You cannot revoke an Order once it has been placed. After you have placed your Order, our acceptance of your Order will then take place if and when we write to you to accept it or otherwise indicate our acceptance of your Order by any other means. At that point, on acceptance, a legally binding contract will come into existence between you and us (Contract). Notwithstanding the aforementioned, the Contract however will not come into existence if and until you have paid to us the Advanced Payment (if required) as stipulated in clause 7 below.

3.3 The Contract between you and us consists of your Order and these Terms.

3.4 If we are unable to accept your Order for any reason we will inform you of this. This might be because of various reasons including, without limitation, the Vehicle has already been reserved or sold, the Vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Vehicle or because we are unable to meet any applicable deadline.

3.5 Occasionally, we may become aware after accepting your Order that we are unable to proceed with the Order and the resulting Contract with you, in which case we will inform you of this. This might be because of various reasons including, without limitation, the Vehicle has already been reserved or sold, the Vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Vehicle or because we are unable to meet any applicable deadline.

3.6 If we are not able to accept your Order or are unable to proceed with your Order (once accepted) and the resulting Contract (as specified in clause 3.4 and/or clause 3.5 above), you will not be charged for the Vehicle and you will receive a full refund of any amount paid to us in connection with the Order and/or the Contract.

4. The Vehicle

4.1 The images and descriptions of the Vehicle (and all vehicles) on our Site (and/or in any other media or similar we provide) are for illustrative purposes only. Although we have made every effort to display the colours and condition of the Vehicle (and all vehicles) accurately, we cannot guarantee that your device's display of the colours (or any description of the colours) accurately reflects the colour of the Vehicle (or any vehicles) or that any other image (or description) reflects the detailed condition of the Vehicle (or any vehicles). The Vehicle may vary from those images and/or the relevant description. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site or other media or similar we provide to you are approximate only.

4.2 You acknowledge that the Vehicle may have been used previously for lease or rental and may have had multiple users. You also acknowledge that the Vehicle may also have been imported.

4.3 You acknowledge that the mileage of a Vehicle stated by us may vary slightly to the actual mileage of the Vehicle but this will not be a significant difference.

4.4 We do not give or make any representation, warranty or undertaking that the Vehicle will not be subject to a manufacturer recall notice at the point of sale or at any time in the future.

4.5 We do not provide a manufacturer’s warranty in relation to the Vehicle but if a manufacturer’s warranty or guarantee exists and is continuing from the previous ownership of the Vehicle and you are entitled to the benefit of this manufacturer’s warranty or guarantee we will use reasonable efforts to pass this to you.

4.6 Any warranty we do provide to you in respect of the Vehicle will be provided to you in writing.

5. Your rights to make changes

If you wish to make a change to the Vehicle you have ordered please contact us to discuss this with us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 9).

Please note that some changes requested to be made to the Vehicle at your request, such as the installation of English satellite navigation and infotainment systems, may need to be carried out by a third party (on your instruction and at your direction) and not by us. If so, we will notify you if this is the case and confirm to you the relevant third party who will be dealing with these changes to the Vehicle and their quotation for doing so. Any contract or agreement in respect of such changes to the Vehicle will be between you and the relevant third party and we accept no responsibility for such changes to the Vehicle carried out or to be carried out by any third party.

6. Our rights to make changes

6.1 Changes to the Vehicle. We may change the Vehicle:

(a) to reflect changes in relevant laws and regulatory requirements which may include but will not be limited to the installation of UK compliant fog lights and other headlights and lights, the registration of the Vehicle and any change required for the Vehicle to pass the relevant Ministry of Transport testing or similar; and

(b) to implement minor adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Vehicle.

6.2 More significant changes to the products and these terms. We may make other more significant changes to the Vehicle, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect.

7. Advanced Payment

7.1 When you place an Order, you may be required to pay to us a non-refundable advance payment (Advanced Payment) and, if required, you must pay this to us before we will accept your Order and the Contract comes into existence. The Advanced Payment covers (all or part of) our non-recoverable costs, fees and expenses incurred in connection with the Order, the Contract and the Vehicle including, where relevant and without limitation, the sourcing and the transporting of the Vehicle, import duties, port fees, vehicle registration costs and associated paperwork/documentation. We will inform you of the amount of the Advanced Payment via our Site or otherwise.

7.2 In the event that you cancel (or purport to cancel) your Order and the Contract (including, without limitation, in accordance with your rights as set out in the Contract) we will always be entitled to retain the Advanced Payment (if any) and/or be paid an amount equal to (i) our non-recoverable costs, fees and expenses we have paid or are bound to pay in connection with the Order, the Contract and the Vehicle and (ii) any diminution in the value of the Vehicle caused by your cancellation (and/or caused by your handling or treatment of the Vehicle or excessive wear and tear). In the event that the Advanced Payment (if any) does not cover the aforementioned sums, we may invoice you for such sums (or the remaining balance, as applicable) and such invoice will be payable by you immediately on receipt.

8. Delivery and collection

8.1 We will hand over the Vehicle to you at the collection location on the collection date and time (in both cases as specified to you by us). If you wish to request a change to the location, time and/or date of collection specified to you should contact us (as specified in clause 2.2) to discuss this further and we will consider any such requests.

8.2 You will only be able to collect the Vehicle from the collection location we specify to you. You must show us a valid photocard UK driving licence at collection. If the address on your driving licence is different to your residential address stated on the Order, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to collection. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to collection. The person stated on the Order must be present at collection as we will not hand over the Vehicle to any other person. We will not be able to hand the Vehicle over to you without the correct documentation being made available to us in accordance with this clause 8.2. If you have any questions on what identification documents you will require please contact us.

8.3 If you wish us to deliver or arrange delivery of the Vehicle to you please contact us (as specified in clause 2.2) to discuss this with us further but you should note that (i) we are under no obligation to agree to deliver or arrange delivery of the Vehicle to you and (ii) we may charge you additional fees, charges and expenses for such delivery which shall be payable by you on demand (including potentially in advance) in addition to the Price (as defined in clause 13.1). If we do agree to deliver or arrange delivery of the Vehicle to you:

(a) delivery will be made to the delivery location you specify to us and we agree to at the date and time specified by you and agreed to by us;

(b) you must show us a valid photocard UK driving licence at delivery. If the address on your driving licence is different to your residential address, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to delivery. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to delivery. The person stated on the Order must be present at delivery as delivery of the Vehicle will not be made to any other person. We will not be able to hand the Vehicle over to you without the correct documentation being made available to us in accordance with this clause 8.3. If you have any questions on what identification documents you will require please contact us; and

8.4 You will own the Vehicle once (i) you have accepted collection or delivery of the Car (as applicable) by signing the delivery note or other evidence of collection/delivery we provide to you and (iii) we have received full payment of the Price and any other money you owe to us (including any delivery costs, if applicable). The Vehicle will be your responsibility from the point it is collected by you or delivered to you.

8.5 We are not responsible for any delays to the availability of the Vehicle for collection/delivery caused by any event outside of our control. If collection/delivery is delayed by any event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

8.6 It will be your responsibility to ensure the Vehicle is appropriately insured following collection/delivery. We accept no responsibility to procure the provision of any driving insurance services to you.

8.7 We may need certain information from you so that we can supply the Vehicle to you, for example, financial information, contact information and collection instructions. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract 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 Vehicle late or not supplying the Vehicle at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.8 We may have to suspend the supply of a Vehicle to:

(a) deal with technical problems or make minor technical changes;

(b) update the Vehicle to reflect changes in relevant laws and regulatory requirements;

8.9 If you do not pay us any amount when you are supposed to we may suspend or terminate the supply of the Vehicle (if suspended, until you have paid us the outstanding amounts). We will contact you to tell you we are suspending or terminating the supply of the Vehicle. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.7).

9. Your rights end the Contract

9.1 Your rights when you end the Contract will depend on what you have bought, whether you purchased it online or not, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Vehicle repaired or replaced or to get some or all of your money back), see clause 12; and

(b) If you have just changed your mind about the Vehicle, see clause 9.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Vehicle.

9.2 For most products/goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.

9.3 You do not have a right to change your mind in respect of:

(a) certain bespoke, tailor-made or personalised vehicles or other products; and

(b) any vehicles or other products which become mixed inseparably with other items after their collection/delivery.

9.4 You may return the Vehicle to us within 14 days from the day after the date of delivery or collection without giving us any reason.

10. How to end the Contract with us

10.1 To end the Contract with us, please let us know by doing one of the following:

(a) Contact us as stipulated in clause 2.2 above; or

(b) Use the Model Cancellation Form set out at the end of these Terms and send that back to us via e-mail, post or hand delivery using any of the relevant contact details stipulated in clause 2.2 above.

10.2 If you end the Contract for any reason after collection/delivery, you must return the Vehicle to us. You must either return the Vehicle in person or arrange for it to be delivered to us at The Car Warehouse, Snowdon Road, Middlesbrough, Cleveland, TS2 1LR. Please contact us (as stipulated in clause 2.2 above) to arrange the return of the Vehicle. If you are exercising your right to change your mind you must inform us within 14 days of collection/delivery and then return the Vehicle within 14 days of telling us your wish to end the Contract.

10.3 We will only pay the costs of return of the Vehicle if the Vehicle is faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return of the Vehicle.

10.4 If you are responsible for the costs of return and at our sole discretion we opt to collect the Vehicle from you, we will charge you the direct cost to us of collection. We reserve the right to request payment in advance for the collection costs upon presenting you with evidence of such costs and an appropriate invoice.

10.5 We will refund you the Price you have paid for the Vehicle, however, we may make deductions from the Price, as described in these Terms.

10.6 If you are exercising your right to change your mind:

(a) we may reduce your refund of the Price to reflect any reduction in the value of the Vehicle, if this has been caused by your handling or treatment of the Vehicle or excessive wear and tear. If we refund you the Price paid before we are able to inspect the Vehicle and later discover there is a reduction in the value of the Vehicle because of any of the aforementioned reasons, you must pay us an appropriate amount to compensate us for the loss or damage suffered on demand;

(b) we may reduce your refund of the Price to reflect any reduction in the value of the Vehicle, if any accessories, equipment, information, documentation or other piece of the Vehicle (including without limitation those set out in clause 10.8) is damaged, lost, missing or stolen following collective/delivery. For example, this will include but not be limited to returning the Vehicle complete with its key and spare key (if applicable), spare wheel, toolkit and number plate and all other ancillary equipment, accessories, products, documentation, information and materials which may be removable from the Vehicle. This also includes, without limitation, the V5C and other paperwork and documentation attaching or otherwise relevant to the Vehicle. If we refund you the Price paid before we are able to inspect the Vehicle and later discover any such equipment, accessories, products, documentation, information and materials is damaged, lost, missing or stolen, you must pay us an appropriate amount to compensate us for the costs of replacements or to reflect the reduction in value of the Vehicle;

(c) we may reduce your refund of the Price if the Vehicle has been personalised, altered or modified in any way to its visual, mechanical, technological or functional standing by you or at your request or direction (collectively, the modifications). We may reduce your refund to reflect any reduction in the value of the Vehicle if this has been caused by the modifications and/or the cost required to remedy the modifications. For example, without limitation, the application of any stickers or graphics, changing the wheels or installing a number plate that was not the fitted number plate when the Vehicle was supplied by us. If we refund you the Price paid before we are able to inspect the Vehicle and later discover any modifications as set out in this clause, you must pay us an appropriate amount to compensate us for the necessary remedial works and diminution on the value of the Vehicle, as a result of the modifications;

(d) we may reduce your refund of the Price to reflect any reduction in the value of the Vehicle, which has been caused by your excessive use of the Vehicle after collection/delivery. With all vehicles we allow customers a mileage allowance of 100 miles. For any mileage incurred in respect of the Vehicle over this limit we charge a fee of £1.00 per mile. If we refund you the Price paid before we are able to inspect the Vehicle and later discover any such excess mileage, you must pay us the aforementioned amount to compensate us in this regard; and

(e) the maximum refund for any delivery costs (if applicable) in delivering the Vehicle to you will be the costs of delivery by the least expensive delivery method we may offer.

10.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If we have not offered to collect the Vehicle from you, your refund will be made within 14 days from the day on which we receive the Vehicle back from you or, if earlier, the day on which you provide us with evidence that you have sent the Vehicle back to us.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.8 When returning the Vehicle to us for any reason you must:

(a) remove all personal possessions from the Vehicle (for which we accept no responsibility);

(b) remove, delete or redact all personal information from the Vehicle; and

(i) the most recent V5C for the Vehicle showing you as the registered keeper;

(ii) any keys (and spare keys) for the Vehicle;

(iii) the service history for the Vehicle (if any);

(iv) the MOT certificate for the Vehicle (if any)

(v) any user manual(s) for the Vehicle (if any);

(vi) any accessories and other equipment, documents, information and materials associated with the Vehicle; and

(vii) any other items we gave to you at collection/delivery.

10.9 You remain fully responsible for the Vehicle until it has been delivered to, or collected by, us and you must ensure that the Vehicle remains appropriately and adequately insured until that time.

11. Our rights to end the Contract

11.1 We may end the Contract at any time by contacting you in writing or by telephone if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information and documentation that is necessary for us to supply, sell and provide the Vehicle to you; or

(c) you do not, within a reasonable time (not exceeding 7 days) of us notifying you or the date and time of collection, collect the Vehicle from us in accordance with the Contract; or

(d) you do not accept delivery of the Vehicle (if applicable) in accordance with the Contract; or

(e) you breach the Contract in any other way.

11.2 If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for the Vehicle we have not provided to you but we may retain, deduct or charge the amounts set out or referred to in clause 7.2 and clause 10.6 as if those clauses applied.

11.3 We may write to you to let you know that we are going to stop providing the Vehicle. We will let you know at least 5 days in advance of our stopping the supply of the Vehicle and will refund any sums you have paid in advance for the Vehicle which will not be provided.

12. If there is a problem with the Vehicle

12.1 How to tell us about problems. If you have any questions or complaints about the Vehicle or the service we have provided to you, please contact us (by any of the methods set out in clause 2.2). You may be able to make a complaint to the EU Online Dispute Resolution platform - www.ec.europa.eu/consumers/odr .

12.2 Summary of your legal rights. We are under a legal duty to supply vehicles that are in conformity with this Contract. Nothing in these Terms will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.

12.3 Your obligation to return a rejected Vehicle. If you wish to exercise your legal rights to reject a Vehicle as set out in this clause 12 you must either return the Vehicle to us or allow us to collect it from you. We will pay the costs of delivery or collection. Please contact us (using any method set out in clause 2.2) to arrange the delivery or collection of the Vehicle.

13. Price and payment

13.1 The price of the Vehicle (which includes VAT, where applicable) (Price) will be the price indicated on the Site when you place the Order (or the other price we notify to you before you place the Order). We take all reasonable care to ensure that the price of the Vehicle advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the Vehicle you order.

13.2 The Price is compromised of the Vehicle’s value (including VAT), shipping and transport costs (including, without limitation, port fees), servicing and inspections, Ministry of Transport Test fees, registration and regulatory costs (including, without limitation, import duties), and all other required costs to make the Vehicle ready for sale, supply and use within the United Kingdom.

13.3 If the rate of VAT changes between your Order and the date we supply the Vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the Vehicle in full before the change in the rate of VAT takes effect.

13.4 It is always possible that, despite our best efforts, some of the vehicles we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Vehicle’s correct price at the date of your Order is less than our stated price at the date of your Order, we will charge the lower amount. If the Vehicle’s correct price at the date of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of the Vehicle provided to you.

13.5 You must pay the Price for the Vehicle, in full, when we confirm to you that the Vehicle is ready for collection or delivery (as applicable). We will not allow collection or delivery (as applicable) until the full Price is paid to us in cleared funds. The Advanced Payment (if any) must be paid in accordance with clause 7 and will be used to fund part of the Price. Payment can be perfected by either bank transfer, cash payment or debit card. We reserve the right to refuse any form of payment in our absolute and sole discretion.

13.6 We may use a third-party payment provider to process payments through the Site. The processing of these payments will be governed by the third-party provider’s terms and conditions which are available on request.

13.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.8 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13.9 Unless we specifically agree otherwise in writing, you are responsible for the payment of vehicle tax. The V5C reference number will be provided to you prior to collection or delivery (as applicable) so that you can arrange vehicle tax for the Vehicle with the DVLA to start on collection or delivery (as applicable). We will notify the DVLA of the change in ownership.

14. Liability

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 Subject to the other provisions of this clause 14, our maximum liability to you under or in connection with the Vehicle, your Order and the Contract shall not exceed the Price of the Vehicle actually paid to us.

14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2 and for defective products under the Consumer Protection Act 1987

14.4 We only supply the Vehicle for domestic and private use. If you choose to use the Vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.5 To the extent we are able to exclude our responsibility by law, we exclude all implied representations, warranties, terms and conditions from the Contract.

14.6 We will not be responsible for any failure by us to perform the Contract or any delay in performing the Contract which is caused by a circumstance or event outside of our control.

15. Part-exchange Vehicles

15.1 On occasion we may accept other vehicles owned by you in part-exchange of the purchase of the Vehicle to cover partial payment of the Price. In these circumstances, you must provide us with any information and documentation we reasonably request regarding the part-exchange vehicle and make the part-exchange vehicle available for us to inspect.

15.2 Where the relevant part-exchange vehicle is subject to any finance agreement, you must ensure that you have settled any outstanding finance and the finance company’s interest in the part-exchange vehicle is removed prior to transfer to us.

15.3 We reserve the right to reject any part-exchange vehicle in our absolute and sole discretion at any time and for any or no reason at all. We also reserve the right to revoke any part-exchange offer we make to you in our absolute and sole discretion at any time and for any reason or not reason at all.

15.4 The value attributable to the part-exchange vehicle and which is to be used to cover partial payment of the Price will be the value we determine in our absolute and sole discretion and which we notify you. We also reserve the right to amend or revoke our valuation of the part-exchange vehicle for any or no reason including, without limitation, should there be any change in the condition, desirability or marketability of the part-exchange vehicle between our initial inspection of the part-exchange vehicle and the date of part-exchange (at collection or delivery (as applicable).

15.5 In the event that we later discover an undisclosed fault with the Vehicle which you failed to notify to us, we reserve the right to request from you the reasonable costs of remedying that undisclosed fault.

15.6 Any part-exchange vehicle must be given to us:

(a) with all personal possessions removed (for which we accept no responsibility);

(b) with all personal information removed, deleted or redacted; and

(i) keys (and spare keys);

(ii) the most recent V5C registration document (together with any proof of purchase we request);

(iii) service history (if any);

(iv) MOT certificate (if any)

(v) user manual(s) (if any); and

(vi) any accessories and other documents, information and materials associated with the part-exchange vehicle.

15.7 In the event that you fail to comply with any of the requirements of this clause 15, you agree that we have the right to withdraw any offer to buy the part-exchange vehicle with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the part-exchange vehicle and/or cancel your Order. If we accept the part-exchange vehicle and discover later that it did not meet the requirements set out in this clause 15 then we may take action against you to recover the reduction in value of the part-exchange vehicle as a result of the part-exchange vehicle not meeting the requirements in this section 15. You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing such a claim against you.

16. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

17. Other important terms

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

17.3 Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Lee Rowney t/a The Car Warehouse Snowdon Road, Middlesbrough, Cleveland, TS2 1LR (with VAT registration number: 997050878).

Email:- info@thecarwarehouse.co.uk

Telephone:- 01642 232321

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Terms and Conditions of Sale (In-Store)

These terms

1.1 What these terms cover. These are the terms and conditions (Terms) on which we sell and supply products to you, and you buy from us, a vehicle (Vehicle) from within our premises.

1.2 These Terms may change from time to time so make sure you check these Terms each time you buy a Vehicle from us.

1.3 Please read these Terms carefully before you submit your Order (as defined below). These Terms tell you who we are, how we will provide Vehicle to you, how you and we may change or end the Contract (as defined below), what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.2 You can contact us by telephoning our customer service team at 01642 232321 or by writing to us at info@thecarwarehouse.co.uk or The Car Warehouse, Snowdon Road, Middlesbrough, Cleveland, TS2 1LR.

2.3 If we have to contact you we will do so:

(a) by telephone to any telephone number you have provided to us;

(b) by writing at the email address or postal address you have provided to us; or

2.4 When we use the words writing or written in these Terms, this includes e-mails and other electronic forms of communication.

3. Our contract with you

3.1 Our acceptance of your order (Order) will take place when both you and us sign or otherwise indicate our agreement to the sales contract (Sales Contract) which refers to these Terms, at which point a contract will come into existence between you and us (Contract).

3.2 The Contract between you and us consists of the Sales Contract and these Terms.

3.3 If we are unable to accept your Order for any reason we will inform you of this. This might be because of various reasons including, without limitation, the Vehicle has already been reserved or sold, the Vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Vehicle or because we are unable to meet any applicable deadline.

3.4 Occasionally, we may become aware after accepting your Order that we are unable to proceed with the Order and the resulting Contract with you, in which case we will inform you of this and the Contract shall automatically terminate with immediate effect. This might be because of various reasons including, without limitation, the Vehicle has already been reserved or sold, the Vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Vehicle or because we are unable to meet any applicable deadline. If we are not able to accept your Order or are unable to proceed with your Order (once accepted) and the resulting Contract (as specified in clause 3.3 and/or clause 3.4 above), you will not be charged for the Vehicle and you will receive a full refund of any amount paid to us in connection with the Order and/or the Contract.

4. Our Vehicles

4.1 Vehicles may vary slightly from their pictures. The images and descriptions of the Vehicle (and all vehicles) on our website(s) (Site) (and/or in any other media or similar we provide) are for illustrative purposes only. Although we have made every effort to display the colours and condition of the Vehicle (and all vehicles) accurately, we cannot guarantee that your device's display of the colours (or any description of the colours) accurately reflects the colour of the Vehicle (or any vehicles) or that any other image (or description) reflects the detailed condition of the Vehicle (or any vehicles). The Vehicle may vary from those images and/or the relevant description. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site or other media or similar we provide to you are approximate only.

4.2 You acknowledge that the Vehicle may have been used previously for lease or rental and may have had multiple users. It may also have been imported.

4.3 You acknowledge that the mileage of a Vehicle stated by us may vary slightly to the actual mileage of the Vehicle but this will not be a significant difference.

4.4 We do not give or make any representation, warranty or undertaking that the Vehicle will not be subject to a manufacturer recall notice at the point of sale or at any time in the future.

4.6 Any warranty we do provide to you in respect of the Vehicle will be provided to you in writing.

5. Your rights to make changes

5.1 If you wish to make a change to the Vehicle you have ordered please contact us to discuss this with us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 8).

5.2 Please note that some changes requested to be made to the Vehicle at your request, such as the installation of English satellite navigation and infotainment systems, may need to be carried out by a third party (on your instruction and at your direction) and not by us. If so, we will notify you if this is the case and confirm to you the relevant third party who will be dealing with these changes to the Vehicle and their quotation for doing so. Any contract or agreement in respect of such changes to the Vehicle will be between you and the relevant third party and we accept no responsibility for such changes to the Vehicle carried out or to be carried out by any third party.

6. Our rights to make changes

6.1 Minor changes to the product. We may change the product:

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Vehicle.

6.2 More significant changes to the product and these terms. We may make other more significant changes to the Vehicle, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect.

7. Delivery and collection

7.1 We will hand over the Vehicle to you at the collection location on the collection date and time (in both cases as specified to you by us). If you wish to request a change to the location, time and/or date of collection specified to you should contact us to discuss this further and we will consider any such requests.

7.2 You will only be able to collect the Vehicle from the collection location we specify to you. You must show us a valid photocard UK driving licence at collection. If the address on your driving licence is different to your residential address stated on the Order, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to collection. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to collection. The person stated on the Order must be present at collection as we will not hand over the Vehicle to any other person. We will not be able to hand the Vehicle over to you without the correct documentation being made available to us in accordance with this clause 7.2. If you have any questions on what identification documents you will require please contact us.

7.3 If you wish us to deliver or arrange delivery of the Vehicle to you please contact us to discuss this with us further but you should note that (i) we are under no obligation to agree to deliver or arrange delivery of the Vehicle to you and (ii) we may charge you additional fees, charges and expenses for such delivery which shall be payable by you on demand (including potentially in advance) in addition to the Price (as defined in clause 12.1). If we do agree to deliver or arrange delivery of the Vehicle to you:

(a) delivery will be made to the delivery location you specify to us and we agree to at the date and time specified by you and agreed to by us;

7.4 You will own the Vehicle once (i) you have accepted collection or delivery of the Car (as applicable) by signing the delivery note or other evidence of collection/delivery we provide to you and (iii) we have received full payment of the Price and any other money you owe to us (including any delivery costs, if applicable). The Vehicle will be your responsibility from the point it is collected by you or delivered to you.

7.5 We are not responsible for any delays to the availability of the Vehicle for collection/delivery caused by any event outside of our control. If collection/delivery is delayed by any event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

7.6 It will be your responsibility to ensure the Vehicle is appropriately insured following collection/delivery. We accept no responsibility to procure the provision of any driving insurance services to you.

7.7 We may need certain information from you so that we can supply the Vehicle to you, for example, financial information, contact information and collection instructions. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract 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 Vehicle late or not supplying the Vehicle at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.8 We may have to suspend the supply of a Vehicle to:

(a) deal with technical problems or make minor technical changes;

(b) update the Vehicle to reflect changes in relevant laws and regulatory requirements;

7.9 If you do not pay us any amount when you are supposed to we may suspend or terminate the supply of the Vehicle (if suspended, until you have paid us the outstanding amounts). We will contact you to tell you we are suspending or terminating the supply of the Vehicle. As well as suspending the products we can also charge you interest on your overdue payments in accordance with clause 12.

8. Your rights to end the Contract

8.1 You can only end the Contract if you have a legal right to do so because of something we have done wrong. If you are ending the Contract for that reason the Contract will end immediately and we will refund you in full for the Vehicle if it has not been provided or has not been provided properly and you may also be entitled to further compensation.

8.2 To end the Contract with us as referenced above in clause 8.1, please let us know by contacting us.

8.3 If you end the Contract for any reason after collection/delivery, you must return the Vehicle to us. You must either return the Vehicle in person or arrange for it to be delivered to us at The Car Warehouse, Snowdon Road, Middlesbrough, Cleveland, TS2 1LR. Please contact us to arrange the return of the Vehicle.

8.4 We will only pay the costs of return of the Vehicle if the Vehicle is faulty or misdescribed. In all other circumstances you must pay the costs of return of the Vehicle.

8.5 If you are responsible for the costs of return and at our sole discretion we opt to collect the Vehicle from you, we will charge you the direct cost to us of collection. We reserve the right to request payment in advance for the collection costs upon presenting you with evidence of such costs and an appropriate invoice.

8.6 In circumstances where you have terminated the Contract (even if we have done something wrong) we may (when lawful and allowable) reduce the price of your refund in the following circumstances:

(b) we may reduce your refund of the Price to reflect any reduction in the value of the Vehicle, if any accessories, equipment, information, documentation or other piece of the Vehicle (including without limitation those set out in clause 8.4) is damaged, lost, missing or stolen following collective/delivery. For example, this will include but not be limited to returning the Vehicle complete with its key and spare key (if applicable), spare wheel, toolkit and number plate and all other ancillary equipment, accessories, products, documentation, information and materials which may be removable from the Vehicle. This also includes, without limitation, the V5C and other paperwork and documentation attaching or otherwise relevant to the Vehicle. If we refund you the Price paid before we are able to inspect the Vehicle and later discover any such equipment, accessories, products, documentation, information and materials is damaged, lost, missing or stolen, you must pay us an appropriate amount to compensate us for the costs of replacements or to reflect the reduction in value of the Vehicle;

(c) we may reduce your refund of the Price if the Vehicle has been personalised, altered or modified in any way to its visual, mechanical, technological or functional standing by you or at your request or direction (collectively, the modifications). We may reduce your refund to reflect any reduction in the value of the Vehicle if this has been caused by the modifications and/or the cost required to remedy the modifications. For example, without limitation, the application of any stickers or graphics, changing the wheels or installing a number plate that was not the fitted number plate when the Vehicle was supplied by us. If we refund you the Price paid before we are able to inspect the Vehicle and later discover any modifications, you must pay us an appropriate amount to compensate us for the necessary remedial works and diminution on the value of the Vehicle, as a result of the modifications;

(e) the maximum refund for any delivery costs (if applicable) in delivering the Vehicle to you will be the costs of delivery by the least expensive delivery method we may offer.

8.7 When returning the Vehicle to us for any reason you must:

(a) remove all personal possessions from the Vehicle (for which we accept no responsibility);

(b) remove, delete or redact all personal information from the Vehicle; and

(d) the most recent V5C for the Vehicle showing you as the registered keeper;

(e) any keys (and spare keys) for the Vehicle;

(f) the service history for the Vehicle (if any);

(g) the MOT certificate for the Vehicle (if any)

(h) any user manual(s) for the Vehicle (if any);

(i) any accessories and other equipment, documents, information and materials associated with the Vehicle; and

(j) any other items we gave to you at collection/delivery.

8.8 You remain fully responsible for the Vehicle until it has been returned to, or collected by, us and you must ensure that the Vehicle remains appropriately and adequately insured until that time.

9. Our rights to end the Contract

9.1 We may end the Contract at any time by writing or phoning you if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information and documentation that is necessary for us to supply, sell and provide the Vehicle to you; or

(c) you do not, within a reasonable time (not exceeding 7 days) of us notifying you or the date and time of collection, collect the Vehicle from us in accordance with the Contract; or

(d) you do not accept delivery of the Vehicle (if applicable) in accordance with the Contract; or

(e) you breach the Contract in any other way.

9.2 If we end the Contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for the Vehicle we have not provided to you but we may retain, deduct or charge you in accordance with clause 8.6 (or, if you have not made an advance payment, charge you) as compensation for the costs or diminution in value we will incur (or have incurred) as a result of your ending the C.

9.3 We may write to you to let you know that we are going to stop providing the Vehicle. We will let you know at least 5 days in advance of our stopping the supply of the Vehicle and will refund any sums you have paid in advance for Vehicle which will not be provided.

10. If there is a problem with the Vehicle

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 01642 232321 or write to us at info@thecarwarehouse.co.uk. Alternatively, please speak to one of our staff in-store.

10.2 Summary of your legal rights. We are under a legal duty to supply vehicles that are in conformity with this Contract. Nothing in these Terms will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.

11. Price and payment

11.1 The price of the Vehicle (which includes VAT, where applicable) (Price) will be the price indicated on the Sales Contract. We take all reasonable care to ensure that the price of the Vehicle advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Vehicle you order.

11.2 If the rate of VAT changes between your Order and the date we supply the Vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the Vehicle in full before the change in the rate of VAT takes effect.

11.3 It is always possible that, despite our best efforts, some of the vehicles we sell may be incorrectly priced. We will normally check prices before entering into the Sales Contract so that, where the Vehicle’s correct price is less than our stated price, we will charge the lower amount. If the Vehicle’s correct price is higher than the price stated to you, we will contact you for your instructions before we enter into the Sales Contract. If we accept and process the Sales Contract where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of the Vehicle provided to you.

11.4 You must pay the Price for the Vehicle, in full, when the Contract is formed. We will not allow collection or delivery (as applicable) until the full Price is paid to us in cleared funds. Payment can be perfected by either bank transfer, cash payment or debit card. We reserve the right to refuse any form of payment in our absolute and sole discretion.

11.5 We may use a third-party payment provider to process payments. The processing of these payments will be governed by the third-party provider’s terms and conditions which are available on request.

11.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.7 Unless we specifically agree otherwise in writing, you are responsible for the payment of vehicle tax. The V5C reference number will be provided to you prior to collection or delivery (as applicable) so that you can arrange vehicle tax for the Vehicle with the DVLA to start on collection or delivery (as applicable). We will notify the DVLA of the change in ownership.

12. Liability

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 Subject to the other provisions of this clause 12, our maximum liability to you under or in connection with the Vehicle and the Contract shall not exceed the Price of the Vehicle actually paid to us.

12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Vehicle as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987.

12.4 We only supply the Vehicle for domestic and private use. If you choose to use the Vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 To the extent we are able to exclude our responsibility by law, we exclude all implied representations, warranties, terms and conditions from the Contract.

12.6 We will not be responsible for any failure by us to perform the Contract or any delay in performing the Contract which is caused by a circumstance or event outside of our control.

13. How we may use your personal information

13.1 We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found on our website.

14. Advance Payment

14.1 You may be required to pay to us a non-refundable advance payment (Advanced Payment) for the Vehicle and, if required, you must pay this to us before the Contract comes into existence. The Advanced Payment covers (all or part of) our non-recoverable costs, fees and expenses incurred in connection with the Order, the Contract and the Vehicle including, where relevant and, without limitation, the sourcing and the transporting of the Vehicle, import duties, port fees, vehicle registration costs and associated paperwork/documentation. We will inform you of the amount of the Advanced Payment in writing or otherwise.

14.2 In the event that you cancel (or purport to cancel) your Order and the Contract (including, without limitation, in accordance with your rights as set out in the Contract) we will always be entitled to retain the Advanced Payment (if any) and/or be paid an amount equal to (i) our non-recoverable costs, fees and expenses we have paid or are bound to pay in connection with the Order, the Contract and the Vehicle and (ii) any diminution in the value of the Vehicle caused by your cancellation (and/or caused by your handling or treatment of the Vehicle or excessive wear and tear). In the event that the Advanced Payment (if any) does not cover the aforementioned sums, we may invoice you for such sums (or the remaining balance, as applicable) and such invoice will be payable by you immediately on receip

15. Part-exchange Vehicles

16. Other important terms

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.