Terms and Conditions
General
All cars subject to availability. Free insurance subject to status, certain conditions may apply. Cars shown may be for illustration purposes only.
BT calls 5p per minute, other providers may vary. Calls may be recorded for quality or training purposes.
Low rate and 0% finance assume that finance is taken with VWFS Finance. Credit broker, ask for written details.
New cars include registration fee and 6 months road tax unless otherwise stated. Pre-registered, demonstrator models and nearly new cars have the remainder of their manufacturers warranty. New car three-year warranty consists of two years manufacturers warranty and a no-fee customer option of one years extended warranty.
Terms & Conditions of Sale
1. Interpretation
1.1 In these Conditions:
"Additional Charge" means the sum due for delivery of the Car as set out on the Site from time to time if the Car is delivered to the Delivery Address under clause 11.1.1;
"Buyer" means the person who places an Order with the Seller through the Site for the purchase of the Car and whose Order for the Car is received and accepted by the Seller;
"Cancellation Fee" means the sum of £125 plus VAT;
"Car" means the car described in the Order;
"Car Handover Checklist" means the document provided by the Seller to the Buyer on the Delivery Date detailing specifications of the Car;
"Conditions" means the standard terms and conditions of sale set out in this document as may be revised from time to time by the Seller and as notified in Writing by the Seller to the Buyer at its absolute discretion;
"Contract" means the contract for the sale and purchase of the Car entered into by the Buyer in accordance with clause 2 of these Conditions;
"Delivery Address" means an address in England, Scotland or Wales stated by the Buyer on the Order;
"Delivery Date" means the date for delivery notified to the Buyer by the Seller;
"Distribution Centre" means the Seller's distribution centre at Davy Bank, Wallsend, Newcastle upon Tyne, NE26 6UZ;
"Mileage" means the mileage recorded on the Car Handover Checklist;
"Order" means the purchase order completed on the Site and transmitted to the Seller by e-mail following selection of the Car by the Buyer on the Site or the order placed by telephone with the Seller through its call centre;
"Price" means the price of the Car in pounds sterling as specified by the Seller on the Site from time to time and is inclusive of car tax, road fund licence, number plates, optional equipment, accessories and the extended warranty as set out in the Order;
"Seller" means Arnold Clark Automobiles Limited (registered in Scotland with company number 036386) whose registered office is at 134 Nithsdale Drive, Glasgow, G41 2PP;
"Site" means the Seller’s site at www.directseat.co.uk;
"UK" means Scotland, England, Wales and Northern Ireland;
"Used Car Declaration Form" means the form provided by the Seller to the Buyer in accordance with clause 9 to be completed by and signed by the Buyer where the Buyer is exercising the part exchange option in clause 9 detailing specifications of the Part Exchange Vehicle;
"Working Day" means any day of the week excluding Saturdays, Sundays and public holidays;
"Writing" includes e-mail, telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 In these Conditions words importing the masculine gender only include the female and neuter genders and vice versa and words importing the singular number only include the plural and vice versa and references to persons shall include bodies corporate, unincorporated associations and partnerships.
1.5 Unless otherwise stated references to clauses and sub-clauses are references to clauses and sub-clauses of these Conditions.
2. Basis of Sale
2.1 The Order constitutes an offer by the Buyer to purchase the Car subject to these Conditions. The Seller shall acknowledge receipt of the Order without undue delay after receipt. The offer is accepted by the Seller and the Contract formed when the Seller confirms its acceptance of the Order to the Buyer in Writing.
2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions. The Buyer signifies acceptance of these Conditions by placing an Order.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Car. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or as to the storage or use of the Car is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller excludes its liability for any such advice or recommendation to the fullest extent permitted by law.
3. Written Confirmation
The Seller will confirm in Writing (which shall, where the Order is placed by e-mail or on-line form, be deemed to include confirmation by e-mail, and the Buyer, in placing an Order by e-mail, confirms its acceptance of confirmation by e-mail) on or prior to the delivery of the Car, all such information as is required to be provided pursuant to the Consumer Protection (Distance Selling ) Regulations 2000 (“the Regulations”).
4. Availability
4.1 The Seller will make all reasonable efforts to ensure that all cars advertised on the Site are available.
4.2 If the Car is unavailable at the date of the Order the Seller shall contact the Buyer to inform them of the unavailability of the Car and either:
4.2.1 With the Buyer’s consent dispatch the Car at a later date than the Delivery Date and notify the Buyer of the new delivery date; or
4.2.2 inform the Buyer that it cannot accept the Order and return any payment made, in which case the Seller shall have no further liability to the Buyer.
5. Specifications
5.1 The description of the Car shall, subject to these Conditions, be as specified in the Order.
5.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Buyer or the Car on request by the Seller within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
6. Cooling off period
6.1 Where the Buyer is a consumer within the meaning of the Regulations the Buyer shall (subject to clauses 6.2, 6.3, 6.4 and 6.5) be entitled (by notice in Writing to the Seller) to cancel any Order within 7 Working Days after the day of receipt of the Car (the "Cooling Off Period".)
6.2 The Buyer shall not be entitled to cancel the Order pursuant to clause 6.1 if:
6.2.1 the Car has been made or modified to the Buyer’s particular specification;
6.2.2 the Buyer has failed to take reasonable care of the Car;
6.2.3 the mileage recorded on the odometer of the Car has increased by over 150 miles as compared with the Mileage.
6.3 The Car must be returned to the Seller at the Distribution Centre or collected by the Seller from the Delivery Address or other such address as may be notified to the Seller by the Buyer, subject always to the payment of the Cancellation Fee, by the Buyer, within 10 Working Days of the date of cancellation of the Order with a copy of the receipt provided to the Buyer in accordance with clause 8.2. If they Car and the receipt referred to above are not so returned, the Car shall be deemed accepted by the Buyer and the Buyer shall not be entitled to reject the Car.
6.4 Where the Seller supplies the confirmation of the information specified in clause 3 after the Delivery Date to the Buyer, the Cooling Off Period will be extended to 7 Working Days beginning on the day after the date on which the Buyer receives such confirmation.
7. Price of the Car and Charges
7.1 The Price and the Additional Charge shall be as stated in the Order subject to clause 7.2 and the Price and the Additional Charge shall be inclusive of any applicable value added tax.
7.2 The Seller may vary the Price to reflect any changes in rate of car tax, road fund licence, applicable value added tax and/or the manufacturer's (or relevant concessionaire's) selling price for the Car or any optional equipment or accessories specified in the Order between acceptance of the Order and the date the Seller notifies the Buyer that the Car is ready for delivery.
8. Terms of payment
8.1 The Buyer shall pay the Price and the Additional Charge (if applicable) in pounds sterling (or such other currency as may replace sterling as the official legal tender of England and Wales from time to time) by electronic funds transfer (BACS or CHAPS) to the Seller at least 10 Working Days prior to the Delivery Date.
8.2 Payment will be acknowledged by the Seller by provision of a receipt to the Buyer.
9. Part Exchange
9.1 The Buyer may provide the Seller with a vehicle in lieu of part of the Price ("the Part Exchange Vehicle").
9.2 If the Buyer indicates in the Order that he wishes to pay in part by way of a Part Exchange Vehicle the Seller will e-mail the Buyer a Used Car Declaration Form. The Buyer must complete the Used Car Declaration Form with complete, accurate and up to date information in relation to the Part Exchange Vehicle and sign and return the Used Car Declaration Form to the Seller before the Seller will accept the Order in accordance with clause 2.1.
9.3 Three valuations will be provided for the Part Exchange Vehicle. These will be provided assuming collection of the Part Exchange Vehicle within either:
9.3.1 30 days;
9.3.2 31-60 days; or
9.3.3 61-90 days from the date of valuation. The Price will be reduced in accordance with the applicable valuation at the date of collection of the Part Exchange Vehicle.
9.4 The Part Exchange Vehicle must be:
9.4.1 owned by the Buyer and not subject to any third party arrangements where the third party has an interest in the Part Exchange Vehicle (such as a hire purchase agreement, a leasing agreement or a loan secured against the Part Exchange Vehicle) unless the third party arrangement permits transfer of ownership of the Part Exchange Vehicle to the Buyer for settlement in cash. If applicable, the Seller will pay the third party the outstanding amount which will be set off against the valuation of the Part Exchange Vehicle;
9.4.2 in the same condition as described by the Seller when placing the Order, subject to reasonable wear and tear. The Seller shall be entitled to examine the Part Exchange Vehicle for this purpose; and
9.4.3 available for collection at the Delivery Date.
9.5 The Buyer warrants and undertakes that all statements and representations made by the Buyer in relation to the Part Exchange Vehicle are complete, accurate and up to date.
9.6 Legal and beneficial ownership of the Part Exchange Vehicle passes to the Seller on collection of the Part Exchange Vehicle, subject to clause 9.4.1.
9.7 The Seller may, at its absolute discretion, recalculate the part exchange valuation or cancel the Contract or decline to purchase the Part Exchange Vehicle and require the Buyer to pay the Price without deduction or set off if:
9.7.1 the Part Exchange Vehicle is not collected by the Seller within 90 days of the valuation being provided to the Buyer;
9.7.2 the total mileage of the Part Exchange Vehicle on collection exceeds the estimated mileage provided on valuation by more than 1000 miles; or
9.7.3 the Buyer is in breach of clauses 9.3, 9.4 or 9.5.
9.8 If the Contract is cancelled the Seller will be entitled, at its absolute discretion, to either return the Part Exchange Vehicle or refund a sum equivalent to the part exchange valuation.
10. Finance
The Buyer will be subject to the terms and conditions imposed by any finance or leasing company used by the Buyer (including, for the avoidance of doubt, the Seller) in addition to these Conditions. The Contract is entered into subject to such finance company (including, for the avoidance of doubt, the Seller) accepting any request by the Buyer for finance.
11. Delivery
11.1 The Car shall be delivered (subject to payment of the Price) on the Delivery Date:
11.1.1 to the Delivery Address (subject to payment of the Additional Charge) by car transporter or by a driver appointed by the Seller; or
11.1.2 by collection of the Car by the Buyer from the Seller's Distribution centre Centre at Davy Bank, Wallsend, Newcastle upon Tyne, NE26 6UZ ("the Distribution Centre") or any other location as may be notified to the Buyer by the Seller;provided always that, so far as is permitted by the Regulations, time shall not be of the essence in relation to delivery or performance. The Seller will not be liable to the Buyer for any direct or consequential loss or damage (whether loss of profit or otherwise) costs, expenses or other claims for compensation whatsoever which arise from any delay in delivery of the Car.
11.2 The chosen method of delivery may be changed by the Buyer up to 5 Working Days prior to the Delivery Date. If the Additional Charge becomes payable it must be paid on the Delivery Date. If the Buyer has paid the Additional Charge and elects to collect the Car in accordance with clause 11.1.2 the Seller will refund the Additional Charge.
11.3 If the Car is delivered in accordance with clause 11.1.1 the Seller will not be liable for reasonable wear and tear resulting from transportation unless as a result of the Seller's negligence. The Buyer accepts that the mileage of the Car will be greater than the Mileage and the Car may not be perfectly clean as a result of transportation.
11.4 The Seller shall be entitled to cancel the Contract or, at the Seller's absolute discretion, to store the Car or have it stored by a third party with the reasonable costs of such storage and additional transportation costs to be paid by the Buyer prior to delivery of the Car or notification of cancellation of the Contract if:
11.4.1 the Buyer fails to collect the Car within 14 days of the Delivery Date in accordance with clause 11.1.2;
11.4.2 the Buyer fails to nominate an address in accordance with clause 11.1.1 within 7 days of notification that the Car is available for delivery;
11.4.3 the Buyer fails to accept delivery of the Car at the Delivery Address without giving the Seller at least 5 Working Days' notice;
11.4.4 the Buyer fails to pay, or the Seller reasonably believes the Buyer will fail to pay, the Price when it falls due under clause 8.1; or
11.4.5 the Buyer is in breach of these Conditions.
12. Exchanges and Refunds
12.1 The Buyer shall be entitled to reject the Car if it:
12.1.1 is unfit for its purpose as held out by the Seller at the time the Order was placed; or
12.1.2 does not match its description as set out in the Order;provided always that the Car is returned to the Seller at the Distribution Centre or collected by the Seller from the Delivery Address or other such address as may be notified to the Seller by the Buyer, subject always to payment of the Cancellation Fee by the Buyer within 10 Working Days of the date of cancellation of the Order with a copy of the receipt provided to the Buyer in accordance with condition 8.2. If they Car and the receipt referred to above are not so returned, the Car shall be deemed accepted by the Buyer and the Buyer shall not be entitled to reject the Car.
12.2 In the event that the Car is properly returned in accordance with clauses 6.3 or 12.1 the Seller will refund the Price less any sums due under clauses 9.4.1 or 12.1 or, at its absolute discretion and if requested by the Buyer, provide an exchange of the Car and the Seller shall have no further liability to the Buyer.
12.3 If the Buyer cancels the Order pursuant to clause 6.1 then the Buyer will be reimbursed with any payment made to the Seller in respect of the Order within 30 Working Days beginning with the day on which the notice of cancellation was given by the Buyer pursuant to clause 6.1.
12.4 On return of the Car the Buyer must also return to the Seller all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the Car.
13. Errors
13.1 The Seller undertakes to use its reasonable commercial endeavours to ensure that the details and specifications set out on the Site and in the on-line order form are correct but the Buyer acknowledges that errors may occur.
13.2 Any typographical, clerical or other error or omission on the Site or any sales literature, quotation, price list, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. The Seller reserves the right to cancel the Contract on the basis of any such error.
13.3 If any error arises as to the Price prior to the Seller accepting the Order in accordance with clause 2.1, the Seller reserves the right to:
13.3.1 if the Car has been overpriced, contact the Buyer as soon as reasonably practicable and reimburse the difference; or
13.3.2 if the Car has been underpriced, contact the Buyer as soon as is reasonably practicable and invite the Buyer to place an Order for the Car at the revised price and in the event that the Buyer declines to place an Order at the revised price the Seller shall be entitled to refuse to accept the Buyer's Order at the under-priced Price and shall reimburse the Price to the Buyer and the Seller shall have no further liability to the Buyer.
13.4 Whilst the Seller believes that all specifications, illustrations, performance data and other information contained in any drawings, advertisements or other specification supplied by the Seller on the Site are as accurate as reasonably possible, they do not constitute a description of the Car and shall not be taken to be representations made by the Seller and are not warranted to be accurate and all statements made in such documents have no legal effect.
13.5 The Buyer shall not copy or otherwise reproduce any drawing, advertisements or other documents supplied by the Seller without the Sellerís prior written consent.
14. Changes and Alterations
The Seller reserves the right to change or amend the contents of these Conditions at any time and for whatever reason provided that notification and details of any changes are posted on the Site and such changes shall be effective 14 days after such posting.
15. Intellectual Property Rights and Links
15.1 All copyright, trademarks and any other intellectual property rights (whether registered or unregistered) in any of the contents of the Site remain the property of the Seller.
15.2 The Buyer shall be entitled to download the Contract and related documents but shall not be entitled to otherwise copy, reproduce, transmit, distribute or commercially exploit the contents of the Site.
15.3 The Seller may provide links from the Site to other websites. The Seller is not responsible for the availability or content of any such Sites. The Buyer agrees that the Seller will not be liable for any loss or damage whatsoever caused or alleged to be caused by or in connection with the Buyer’s use of any such Sites.
16. Risk and Property
16.1 Risk of damage to or loss of the Car shall pass to the Buyer upon the Seller passing or sending the Car to the carrier or collection by the Buyer in accordance with these Conditions.
16.2 Notwithstanding delivery and the passing of risk in the Car, or any other provision of these Conditions, the property in the Car shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the Price, the Charges and the Additional Charges (if applicable).
17. Warranties and liability
17.1 The statutory rights of the Buyer are not affected by these Conditions.
17.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
17.3 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Car or its use or resale by the Buyer and in any event and so far as is permitted by law the entire liability of the Seller under or in connection with the Contract shall not exceed the Price.
17.4 No warranty is given as to the accuracy of any information on the Site, and the Seller reserves the right to modify or discontinue at any time the Site without liability to the Buyer.
18. Buyer's Obligations & Use of Site
18.1 The Buyer will not use the Site for any illegal purpose and will use the Site in accordance with all relevant laws.
18.2 The Buyer will not use the Site in such a way that the Site is damaged, interrupted or its functionality is reduced or impaired.
18.3 The Buyer will not use the Site so as to infringe the rights of any person or body (including but not limited to rights of confidentiality or intellectual property rights).
19. Data Protection and Privacy
The Seller acknowledges its duties and obligations under the Data Protection Act 1998 ("the DPA") and the Electronic Communications and Privacy (EC Directive) Regulations 2003 ("the Regulations"). In placing an Order the Buyer agrees that the Seller and its group companies may use any personal information obtained about the Buyer as a result of the Contract (including, but not limited to, any information or details the Buyer may supply relating to the Order) for the performance of the Contract, for marketing purposes and to inform the Buyer of new products, goods and services provided from time to time by the Seller and its group companies subject to compliance with the DPA and the Regulations. Any such information may be passed to third parties for marketing and research purposes subject to compliance with the DPA and the Regulations.
20. Customer Restrictions
20.1 Orders are not accepted from people under the age of 18. By placing an Order the Buyer represents that he/she is over 18.
20.2 The holders of the credit or debit card used by the Buyer will be fully liable for all sums charged by the Seller.
21. Force Majeure
Without prejudice to the generality of the foregoing conditions, the Seller shall not be liable for any loss or damage caused by the non-performance or delay in the performance of any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Seller’s control, including but not limited to acts of God, war, civil disturbance, terrorism, requisitioning import or export regulations, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown and machinery fire, or accident. Should any such event occur the Seller may cancel or suspend the Contract without incurring any liability for any loss or damage thereby occasioned.
22. Contracts (Rights of Third Parties) Act 1999
Except as expressly provided in this Agreement, a person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Contract provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.
23. Successors and Assignment
The Contract shall be binding upon and enure for the benefit of the personal representatives or successors in title of the parties to the Contract but shall not be assignable by the Buyer without prior written consent of the Seller.
24. Entire Agreement
These Conditions and any finance agreement entered into between the Buyer and the Seller contain the entire agreement and understanding of the parties in connection with the Contract. This acknowledgement shall not apply to any misrepresentations and/or breaches of warranty which constitute fraud.
25. Variations
No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties to the Contract.
26. Severability
If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.
27. Waiver and cumulative remedies
No failure to exercise or delay in exercising any right or remedy under these Conditions shall constitute a waiver thereof and no waiver by the Seller of any breach or non-fulfilment by the Buyer of any provision of the Contract shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof. No single or partial exercise of any right or remedy under these Conditions shall preclude or restrict the further exercise of any such right or remedy and the rights and remedies of the Seller provided in these Conditions are cumulative and not exclusive of any rights and remedies provided by law.
28. Notices
Any notice to be given pursuant to the terms of the Contract shall be given in writing to the party due to receive such notice (in the case of a company) at its registered office from time to time or (in the case of an individual) at his address set out in the Contract or such other address as may have been notified in writing for this purpose to the other parties hereto. Notice shall be delivered personally or sent by first class pre-paid recorded delivery or registered post (air mail if overseas) and shall be deemed to be received in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (6 days if sent by air mail).
29. Governing Law
These Conditions and the Contract shall be governed by and construed in accordance with the laws of Scotland, England and Wales. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of Scottish or English law as appropriate.