TERMS AND CONDITIONS OF SALE
Severn Automotive Ltd
These Terms and Conditions govern the sale of motor vehicles and related services by Severn Automotive Ltd ("the Company", "we", "us", or "our") to any customer ("the Customer", "you", or "your").
By placing an order for a Vehicle, paying a Deposit, signing or otherwise accepting an Order Form, or taking delivery of a Vehicle, you acknowledge that you have been provided with an opportunity to read and understand these Terms and Conditions and agree that they, together with the Order Form, form part of the Contract and are binding upon you and the Company.
Nothing in these Terms and Conditions is intended to, or shall, exclude, restrict or limit any rights, remedies, protections or entitlements available to you under applicable consumer protection legislation or other applicable law.
1. Company Details
Severn Automotive Ltd
Registered Office: Worcester Road, Stourport-On-Severn, Worcestershire, DY13 9AS
Company Registration Number: 16415161
Telephone: 01229 544563
Email: enquiry@severnautomotive.co.uk
2. Definitions
For the purposes of these Terms and Conditions:
2.1 Vehicle means any motor vehicle offered for sale by the Company.
2.2 Order Form means the sales order, invoice, purchase agreement, reservation form, or any written confirmation of purchase.
2.3 Authorised Representative means Sebastian or Daniel, or any other person expressly authorised by the Company to act on its behalf in relation to the sale, reservation or purchase of a Vehicle. An Authorised Representative may, where expressly authorised, agree to extensions to reservation periods, variations to agreed arrangements or other matters on behalf of the Company.
2.4 Deposit means any sum paid by the Customer to reserve or secure a Vehicle.
2.5 Purchase Price means the total agreed price of the Vehicle, including any agreed extras and applicable taxes.
2.6 Anti-Money Laundering Requirements means any applicable requirements, obligations, procedures and checks relating to the prevention of money laundering, terrorist financing and other financial crime, including those arising under applicable UK legislation, regulations and guidance. The Company may, where reasonably necessary or required by law, carry out checks relating to the identity of a Customer, the source of funds, the person making a payment and the relationship between the Customer and any third party making or contributing to a payment. The Company may require reasonable information or supporting documentation to satisfy such requirements and may delay, decline or refuse to accept a payment, release a Vehicle or complete a transaction where it reasonably considers that doing so is necessary to comply with applicable legal or regulatory requirements. The Company may also require that payments are made directly by the Customer or from an account held in the Customer's name, unless otherwise expressly agreed by an Authorised Representative.
2.7 Delivery Date means the agreed date on which the Vehicle is collected or delivered.
2.8 Contract means the legally binding agreement between the Company and the Customer for the purchase of a Vehicle, comprising these Terms and Conditions and the completed and accepted Order Form expressly applicable to the Vehicle, and provided or agreed by the Company as part of the transaction.
3. Vehicle Description
3.1 All Vehicles sold by the Company are used vehicles unless expressly stated otherwise.
3.2 Vehicle descriptions, specifications, mileage, photographs, advertisements, brochures, website content, and marketing materials are intended as guides only.
3.3 While reasonable care is taken to ensure accuracy, the Company does not guarantee that descriptions are entirely free from error.
3.4 Due to the age and prior use of used vehicles, reasonable wear and tear, cosmetic imperfections, repairs, replacement parts, and age-related deterioration should be expected.
3.5 Mileage readings are recorded as displayed at the time of acquisition or sale and are not warranted unless expressly stated in writing.
4. Vehicle Inspection
4.1 Customers are strongly encouraged to inspect the Vehicle before purchase.
4.2 By accepting delivery or collecting the Vehicle, the Customer acknowledges that they have had a reasonable opportunity to inspect the Vehicle.
4.3 Any concerns regarding the condition of the Vehicle should be raised prior to completion of the sale.
5. Orders and Acceptance
5.1 An order shall only become binding once accepted by the Company.
5.2 The Company reserves the right to refuse any order at its discretion.
5.3 No verbal statements or representations shall form part of the contract unless confirmed in writing by an Authorised Representative of the Company.
6. Deposits
6.1 A Deposit is required to reserve a Vehicle and take it off of sale.
6.2 A Vehicle will not be reserved until cleared funds have been received.
6.3 A Vehicle may be reserved for a maximum period of 96 hours (four calendar days) from the date and time the Deposit is received, unless an alternative reservation period has been expressly agreed in writing by an Authorised Representative of the Company. The Customer must complete the purchase and collect the Vehicle within the agreed reservation period.
6.4 Deposits are generally non-refundable where:
a) the Vehicle has been specifically reserved for the Customer;
b) the Customer changes their mind; or
c) the Customer fails to complete the purchase within the agreed timescale.
6.5 The Company may, at its sole discretion, agree to refund all or part of a Deposit.
6.6 If the Company is unable to supply the Vehicle for reasons beyond the Customer's control, any Deposit paid shall be refunded in full.
7. Price and Payment
7.1 The Purchase Price shall be as stated on the Order Form.
7.2 Full payment must be received in cleared funds before ownership of the Vehicle is transferred to the Customer and the Vehicle leaves the Company's possession.
7.3 Accepted payment methods may include:
Bank transfer;
Debit card;
Approved finance arrangements;
Other methods approved by an Authorised Representative of the Company.
7.4 Cash payments may be restricted or refused in accordance with Anti-Money Laundering Requirements.
7.5 The Company reserves the right to verify the source of funds where legally required.
8. Finance Purchases
8.1 Where a Vehicle is purchased using finance, the sale remains subject to finance approval.
8.2 The Company is not responsible for decisions made by finance providers.
8.3 Any finance agreement entered into shall be between the Customer and the finance provider.
8.4 Failure to obtain finance approval does not automatically entitle the Customer to compensation from the Company.
9. Part Exchange Vehicles
9.1 Where a part exchange vehicle is accepted:
a) the Customer warrants that they are the legal owner of the vehicle;
b) the vehicle is free from undisclosed finance, charges, or encumbrances; and
c) all information provided is accurate.
9.2 The Company reserves the right to revise or withdraw a part exchange valuation if:
a) the vehicle condition differs from that described;
b) mileage differs from that declared;
c) undisclosed defects are identified; or
d) outstanding finance is discovered.
9.3 If the Customer misrepresents a part exchange vehicle, the Company may cancel the transaction.
10. Delivery and Collection
10.1 Delivery dates are estimates only.
10.2 The Company shall not be liable for delays caused by circumstances beyond its reasonable control.
10.3 Risk in the Vehicle passes to the Customer upon delivery or collection.
10.4 The Customer is responsible for arranging insurance before taking possession of the Vehicle.
11. Transfer of Ownership
11.1 Ownership of the Vehicle shall not pass to the Customer until:
a) full payment has been received in cleared funds; and
b) all contractual obligations have been satisfied.
11.2 Until ownership passes, the Company retains legal title to the Vehicle.
11.3 When ownership passes, the Vehicle will be de-taxed. The Customer is responsible for arranging tax for the Vehicle in their ownership unless expressly agreed with an Authorised Representative of the Company.
12. Warranty
12.1 Any warranty provided shall be limited to the terms of the specific warranty agreement supplied with the Vehicle.
12.2 Where a third-party warranty is supplied, claims must be made directly in accordance with the warranty provider's terms.
12.3 Warranty cover may exclude:
Wear and tear;
Service items;
Consumables;
Cosmetic defects;
Damage caused by misuse;
Accidental damage; and
Failure to maintain the Vehicle.
12.4 Complementary 6 month Warranty will be activated upon handover of the Vehicle by an Authorised Representative of the Company.
12.5 The warranty terms and conditions will be provided by the third-party warranty company directly to the Customer's email upon activation by an Authorised Representative of the Company.
13. Consumer Rights
13.1 Nothing in these Terms and Conditions excludes or limits the Customer's statutory rights.
13.2 Where the Customer is a consumer, the sale is subject to the provisions of:
The Consumer Rights Act 2015;
The Consumer Contracts Regulations 2013 (where applicable);
Any other applicable consumer protection legislation.
13.3 Customers may have legal remedies if a Vehicle is not of satisfactory quality, fit for purpose, or as described.
14. Distance and Off-Premises Sales
14.1 Where the sale is conducted entirely at a distance, additional rights may apply under the Consumer Contracts Regulations 2013.
14.2 You have the right to cancel this Contract with the Company within 14 days without giving any reason. The cancellation period will expire 14 days after the the day you acquire physical possession of the goods. If you cancel, we will reimburse all payments, excluding costs of return. We ay make a deduction for loss in value of good supplied if the loss is the result of unnecessary handling by you. You are responsible for the cost of returning the goods.
14.3 Any statutory cancellation rights shall apply only where legally required.
15. Customer Responsibilities
15.1 The Customer is responsible for:
a) ensuring all information provided is accurate;
b) maintaining valid insurance cover;
c) taxing the Vehicle;
d) servicing and maintaining the Vehicle in accordance with manufacturer recommendations; and
e) complying with all legal requirements relating to vehicle ownership and use.
15.2 Failure to properly maintain the Vehicle may affect warranty entitlement.
16. Limitation of Liability
16.1 Nothing in these Terms excludes liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation; or
c) any liability that cannot lawfully be excluded.
16.2 Subject to clause; 16.1, the Company's total liability shall not exceed the Purchase Price paid for the Vehicle.
16.3 The Company shall not be liable for:
a) indirect losses;
b) consequential losses;
c) loss of profit;
d) loss of business;
e) loss of opportunity; or
f) inconvenience arising from vehicle breakdowns or repairs.
17. Data Protection
17.1 The Company processes personal data in accordance with applicable UK data protection legislation.
17.2 Personal information may be used for:
Sales administration;
Vehicle registration;
Finance applications;
Warranty administration;
Legal and regulatory compliance.
17.3 Further details are contained within the Company's Privacy Policy.
18. Anti-Fraud, Anti-Money Laundering and Compliance
18.1 The Company reserves the right to undertake identity verification, customer due diligence, anti-fraud, anti-money laundering and other compliance checks as it considers reasonably necessary or as required by applicable law or regulation.
18.2 The Customer agrees to provide such information and supporting documentation as the Company may reasonably require to verify the Customer's identity, the source and legitimacy of funds, the identity of any person making a payment on the Customer's behalf, and the purpose or nature of the transaction.
18.3 The Company may refuse to accept a payment from a third party, or require additional verification or information in respect of a third-party payment, where reasonably necessary to satisfy its legal, regulatory or internal compliance requirements.
18.4 The Company may delay, suspend, refuse or cancel a transaction, and may withhold release of a Vehicle, where it reasonably considers this necessary to comply with applicable anti-money laundering, anti-fraud, sanctions or other legal or regulatory requirements, or where the Company is unable to satisfactorily complete any required checks.
18.5 Where the Company has reasonable grounds to suspect fraud, money laundering, terrorist financing or other criminal activity, it may take such action as it considers appropriate and may make a report or disclosure to the relevant authorities or law enforcement agencies where required or permitted by law.
18.6 The Company will not be required to disclose information to the Customer where doing so would be prohibited by law or could prejudice an investigation, disclosure, reporting obligation or other legal or regulatory requirement.
18.7 Nothing in this clause limits or excludes any rights or remedies available to the Customer under applicable law.
19. Force Majeure
19.1 The Company shall not be liable for failure or delay in performing its obligations due to circumstances beyond its reasonable control, including:
Natural disasters;
Fire;
Flood;
Pandemic;
Industrial disputes;
Government action; or
Supply chain disruption.
20. Complaints
20.1 At Severn Automotive we are committed to providing high-quality carefully selected vehicles and an outstanding level of service to all our customers. It is important for us to know if you are not satisfied with our service. Complaints should be submitted in writing to:
Post - addressed to: Severn Automotive Ltd, Worcester Road, Stourport-On-Severn, Worcestershire, DY13 9AS
Email - Enquiry@severnautomotive.co.uk
20.2 Upon receipt, we will acknowledge your complaint within 3 working days.
20.3 During our investigation, we may request further information, documentation, photographs, inspection reports or other evidence where reasonably necessary to assess the complaint. Where a complaint relates to an alleged fault with a vehicle, the Company may require the vehicle to be made available for inspection and, where appropriate, diagnosis by a suitably qualified repairer or other independent professional.
20.3 The Company will provide you with a response setting out our findings, the reasons for our conclusions and, where appropriate, our proposed remedy. We aim to provide a response within 8 weeks from the date of your complaint. Should we have a change in timescales, we will let you know and explain why.
21. Customer Conduct and Communications
21.1 The Company is committed to treating all Customers fairly, professionally and respectfully and expects the same standard of conduct from Customers in all communications and dealings with the Company and its employees, representatives and agents.
21.2 The Company will not tolerate threatening, abusive, intimidating, discriminatory, harassing or otherwise unreasonable behaviour towards its employees, representatives or agents, whether in person, by telephone, in writing, electronically or through social media.
21.3 Where the Company reasonably considers that a Customer's communications or behaviour have become abusive, threatening, harassing or otherwise unreasonable, the Company may take reasonable and proportionate steps to protect its employees, representatives and agents. This may include limiting the frequency or method of communication, requesting that future communications take place in writing, or requiring that communications are directed through a nominated member of the Company.
21.4 The Company will, wherever reasonably practicable, continue to consider and respond to the substantive issue or complaint raised by the Customer notwithstanding any unreasonable or inappropriate conduct. Any reasonable restrictions placed on communication under this clause will not prevent a Customer from raising a genuine complaint, exercising a statutory right or pursuing any lawful remedy.
21.5 Nothing in this clause permits the Company to refuse to deal with a genuine complaint solely because the Customer has raised concerns about the Company, its Vehicle or its services, nor does it limit or exclude any rights or remedies available to the Customer under applicable law.
22. Severability
22.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
23. Entire Contract
23.1 The Contract comprises these Terms and Conditions, the completed and accepted Order Form, and any written warranty documentation expressly applicable to the Vehicle and provided or agreed by the Company as part of the transaction.
23.2 The Contract records the terms agreed between the Company and the Customer in relation to the purchase of the Vehicle. The Customer should ensure that any specific agreement, representation or material term that is important to their decision to purchase the Vehicle is accurately recorded in the Order Form or other written documentation forming part of the Contract.
23.3 Nothing in this clause is intended to exclude, restrict or limit any rights or remedies available to the Customer under applicable law, or to exclude liability for any statement or representation which cannot lawfully be excluded or restricted..
24. Changes to Terms & Conditions
24.1 The Company may amend these Terms and Conditions from time to time where reasonably necessary to reflect changes in applicable law or regulation, regulatory requirements, business practices, or to make minor administrative, typographical or technical amendments.
24.2 Any revised Terms and Conditions will apply only to Contracts entered into after the revised Terms and Conditions have been made available to Customers, unless a change is required by law or regulation to apply to an existing Contract.
24.3 No amendment to these Terms and Conditions will alter, reduce or otherwise affect the rights or obligations of either party under a Contract that has already been concluded, except where such amendment is required by applicable law or regulation.
24.4 Where an amendment is required by law or regulation to apply to an existing Contract, the Company will provide the Customer with reasonable notice of the change where reasonably practicable.
24.5 Nothing in this clause permits the Company to make a unilateral change to the Vehicle, agreed purchase price, Deposit, warranty, or any other material term of a Contract after that Contract has been concluded, except where the Customer expressly agrees to the change or the change is required by applicable law.
25. Governing Law and Jurisdiction
25.1 These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.
25.2 Subject to any mandatory rights or protections available to the Customer under applicable law, the courts of England and Wales shall have jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms and Conditions or the Contract.
25.3 Nothing in this clause shall prevent a Customer who is a consumer from bringing proceedings in any court or jurisdiction where they are entitled to do so under applicable consumer protection or other applicable law, nor shall anything in these Terms and Conditions restrict or exclude any statutory rights or remedies available to the Customer.