terms & conditions

DMC Moto (Birmingham) limited

These Conditions (together with the documents referred to within them) set out the terms and conditions on which we offer to supply to you any of the products (the “Products”) advertised for sale on our website www.dmcbirmingham.co.uk. Please read these Conditions carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these Conditions.

You will be required to accept these terms and conditions before being able to continue and complete your order.

We will refer to you the purchaser as “you” and “your” within these conditions with ourselves being “DMC Moto (Birmingham) limited”


1. INFORMATION ABOUT US

DMC Moto (Birmingham) Limited operates and retains the ownership of the DMC Birmingham (“Our Website”). We are a company registered in England and Wales under company number 08393769 . Our registered office is situated at Unit 3, trident retail Park, Birmingham, B9 4EH which is our main trading address. Our VAT number is 156 6561 87.


2. USE OF OUR WEBSITE

We endeavour to ensure that our website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our website is unavailable at any time or for any period or your access to our website is interrupted, restricted or delayed for any reason. Please note that access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.

By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our website in breach of this Condition.


3. THE CONTRACT BETWEEN US

After you have placed an order with us for the purchase of Products, you will receive an e-mail from us acknowledging that we have received your order. We will ship all items that we are able to supply and at this point we will have therefore confirmed acceptance of the order. Any items unavailable will be communicated to you asap to allow the appropriate action which will then follow in the form of either an alternative or refund. Until dispatch of goods by the seller to the buyer or the buyer’s acceptance in writing of any quotation of the seller (whichever shall first occur) no contract for the sale of goods shall arise.


4. DELIVERY, RISK AND TITLE

The sale of the Products listed on our Website is subject to the availability of those products.

We will ensure all reasonable effort is put in to ensure that the descriptions and photographs of the Products are as accurate as possible. Please be aware that we unfortunately can give no warranty in respect of the accuracy of this information.

Your order will be fulfilled in a timely manner and normally be to you within 24 – 72 hours for all stock items where the website has indicated “Instock For Immediate Dispatch”. Our Promise of “Order Before 4pm for Same Day Shipping” ensure that the goods will leave the building on the same day you placed your order and therefore should be with you in the timescales already mentioned. If “Normally Dispatched in 5-6 Days” is displayed then the part is currently at zero stock level but should still be dispatched within that timescale. In the event that we can no longer get the item or it is back ordered with the supplier we will communicate this to you asap.

Please note that for orders with multiple items that contain one or more items showing the status of “Normally Dispatched in 5-6 Days” we will wait until the whole order is complete before dispatching. In the event that you require an items sooner, feel free to call the Mail Order team on 01217710441 who will take payment for this separate shipment and dispatch the required items.

The prices for which delivery of the Products is charged are set out on our Website, as amended from time to time.

The Products will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.

Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the products, including delivery charges.


5. CONTRACT CANCELLATION

If you are ordering Products as a consumer, you may terminate and cancel your contract with us at any time within 7 working days, beginning on the day after you receive the products.

To cancel your contract, please inform us as per details below and return the product(s) to us promptly in accordance with the condition s below, namely in the same condition in which you received them together with all accessories, packaging and instructions that were supplied with the product.

If we do not receive notification of the cancellation within the 7 day period and prompt delivery of the returned products also in an acceptable condition, your request to cancel the contract may be rejected.

We will refund you in full providing that you meet the requirements.

We reserve the right to terminate and cancel your contract with us if:

(a) we cannot fulfil the products you have ordered;

(b) we do not deliver products to the location requested in your order;

(c) an error was discovered in the listing on the website for the product that you ordered leading to it being sold at the incorrect price.

In the event that we do have to cancel your order, we will notify you as soon as possible by e-mail or phone and will re-credit the amount paid by you to your account as soon as possible. We will not be obliged to offer any compensation in respect of this cancellation.


6. REFUNDS

Should you wish to cancel your contract or return a Product to us, please notify us on 01217710441 or by filling in the online Returns Form on the Website. If you are returning an item please ensure you have supplied your full details and the course of action you wish us to take.

Should any of the Products we deliver be damaged or the incorrect quantity, please notify us as soon as is practicable and return the product to us promptly in accordance with our Returns policy.

We will arrange for returns of defective or damaged Products to be collected at our cost. Where the product is being returned for other reasons then the cost must be covered by you. Where you return Products to us, the Products remain your responsibility until we receive them. We therefore recommend that Products are returned using a tracked or signed-for mail service and that you retain such proof of postage. Without such proof of postage, we may not be able to provide a refund if we have not received the returned Product. If the Product being returned is valuable, you may wish to consider insuring the cost of such Product. Products should be returned to us at: DMC Moto Birmingham, Unit 3, Trident Retail Park, Birmingham, B9 4EH.

All Products must be returned in the same condition in which you received them, together with your proof of purchase and all accessories, packaging and instructions that were supplied with the Product. We reserve the right to refuse a refund in respect of a Product which has been removed from its packaging and/or been used.

We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we receive your notice of cancellation or in the case of any other return, the day we confirm to you that you are entitled to a refund.

We reserve the right to replace faulty or defective Products or refund you in full in respect of faulty or defective Products, which are returned within the time period, including a refund of the delivery charges for sending the item to you. All Products returned as faulty, which are returned outside the 7-day period, will be checked and if found to have no fault may be returned to you.


7. PAYMENTS AND PRICING

The price of our products are as quoted on the Website which may alter from time to time. These may also be special prices exclusive to the website and not available instore.

Prices include VAT excluding delivery costs. Delivery costs will be indicated at checkout.

Price may vary and increases applied as required however these changes will not affect orders that have already been received unless a pricing error has occurred.

We are under no obligation to provide the Product to you at an incorrect (lower) price, even if the order has been processed at that price, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing error. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. We will inform you of the correct price and give you the opportunity to cancel the order.

Prices of New motorcycles are as displayed including VAT at the current rate. Street bikes will be prepared, ready to ride and the price will include the additional cost of any road tax/number plates etc.

Prices of Used motorcycles are as displayed and include the cost of preparation by our technical team along with the balance of the manufacturers warranty. In the event that a negotiation takes place to achieve a new price that reflects the loss of this preparation service, you will be expected to sign our “Used Bike Condition Disclaimer” to indicate the bikes condition and the fact that you are comfortable with preparing the bike yourself.

We accept most major cards including Visa, Mastercard, Switch, Maestro however this may change from time to time. We will charge your credit or debit card at the time that you make your order. Should we not have a product available for dispatch at the time of taking your payment, your payment will be regarded as a pre-payment. In the event that we cannot supply or offer an alternative a refund to the same card will be made.


8. OUR LIABILITY

The products that you purchase from our site are third party products. Because of this we are unable to guarantee that all products are fit for purpose or of satisfactory quality. This does affect your statutory rights against the third part supplier and we do offer a customer service returns policy to support your needs.

Unfortunately we cannot accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, office time or for any indirect or consequential loss or damage of any kind related to the products supplied.


9. WRITTEN COMMUNICATIONS

In using our website you accept that all communications will be electronic even though some applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our Website.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

This Condition does not affect your statutory rights.


10. NOTICES AND COMPLAINTS

All notices given by you to us (including any complaints that you may have) should be sent to DMC Moto (Birmingham) Limited

By e-mail to: Info@dmcbirmingham.co.uk

By post to: DMC Moto Birmingham, Unit 3, Trident Retail Park, Birmingham, B9 4EH.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


11. EVENTS OUTSIDE OUR CONTROL

Should an event outside of our control reduce the level of service we are able to provide to you then we will not be liable for any consequences that are passed to you.


12. COPYRIGHT INFORMATION

The copyright and other intellectual property rights subsisting in the content on our Website is owned by us and we expressly reserve all rights in the same. Printing and downloading parts of this site is acceptable providing it is for your own non-commercial use and that you provided that you do not modify any of the content.

All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.


13. AGREEMENT IN ITS ENTIRETY

These Conditions, our privacy policy and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


14. TERMS AND CONDITIONS MAY VARY

From time to time we may and do have the right to revise and amend these Conditions.

At the time you order products from us you will be subject to the policies and terms and conditions.



15. Returns

 In the event that you receive an item and find it unsuitable then it may be returned for refund or exchange providing it is within 14 days of receipt.

Please advise our Customer Service Department, if you haven’t already done so, of any problems with your order as soon as practicable via email info@dmcbirmingham.co.uk. We regret that beyond a “reasonable time”, due to circumstances beyond our control we may be unable to process your claim.

All returns are subject to the following conditions:

  • You have informed us of your intentions in writing within 14 days of receiving the order.
  • Items are returned within 14 days of you informing us, carriage paid, are unused and are in a re-saleable condition
  • Items returned after 14 days from informing us and where supplied as ordered, may not qualify for a refund.
  • Items for exchange will be re-shipped to UK Mainland addresses postage free on the first occasion, providing they are over £50. Where exchange items are less than £50 a postal charge will apply.
  • Further exchanges will incur a postage charge
  • Shipping of exchanges to Non-UK Mainland addresses will incur a further postage charge where courier services need to be used.
  • Where an error has been made on our behalf we will ship the exchange to you free of charge. Where an error has been made which is not down to us we may need to charge for the return postage.
  • We cannot accept responsibility for returned parcels which are undelivered, please retain your proof of postage etc, you may require it on the event of a claim with your carrier.
  • Dmc Moto (Birmingham) Limited Limited are not responsible for any labour charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied) parts.

 

**Please allow a minimum of 7 working days for returns to be processed**

 

 

16. Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Pay in 3

Pay Later

 

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

 

MOTORCYCLE SALES TERMS AND CONDITIONS

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  1. Definitions

    1. “The Dealer”, the person who is the vendor of the goods to the customer.

    2. “The Customer”, the person contracting for goods and services to be supplied by the Dealer.

    3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft

      or profession

    4. “Goods” means all vehicles as defined or other things to be sold by the Dealer to the Customer.

    5. “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component

      thereof.

  2. Whole Contract

1. These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

3. Interpretation
1. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability
1. In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless

remain in full force and effect. 5. Written Confirmation

1. This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.

  1. Delivery/ Time Not of the Essence

    1. Unless specifically agreed in writing, time for delivery is not essential.

    2. Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of

      the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.

    3. If the Dealer shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 14 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days the contract shall be cancelled.

  2. New Goods

    1. This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from

      time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions.

    2. The Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.

    3. Any figure provided within the contract for Car Tax is provided as guidance only. Notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer has legally had to pay or becomes legally bound to pay for Car Tax in respect of the Goods.

    4. Any figure provided within the contract for Value Added Tax is provided as guidance only. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.

    5. If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the Dealer shall give notice of any such alteration to the Customer, and

      1. in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.

      2. in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer.

    6. In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

    7. Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.

  3. Used Goods

    1. If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales

      (as defined by the Sale of Goods Legislation):

      1. Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

      2. Prior to signing this order form, the Customer shall examine the Vehicle and the purchaser is reminded that the conditions of satisfactory

        quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.

    2. Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.

  4. Variation

1. Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this

Contract and shall not constitute a new contract. 10. Delivery and Payment

1. The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

11. Place of Delivery

  1. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

  2. In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises.

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  1. Repudiation by Customer

    1. If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to

      treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.

    2. Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to re sell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.

    3. The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

  2. Loss or Damage

    1. The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle.

    2. At the end of the lease, when the vehicle is to be collected, a representative from the leasing company must check and agree on the vehicle condition. All readily apparent damage to the vehicle will be noted on the vehicle collection sheet or hand-held device. You as the customer need to ensure you are happy with the inspection and ask for clarity where necessary.

    3. End-of-contract charges reflect the loss of value in the vehicle to the leasing company when it is returned in a poorer condition than originally contracted and / or achieves a decrease in value as a result of a failure to use, maintain and look after the vehicle and its equipment. The leasing company will not necessarily carry out any damage repair or refurbishment prior to selling the vehicle.

    4. There will be charges applied for excess mileage which is outside of the agreed annual mileage set out in the contract.

  3. Return of Deposit

1. If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

  1. Retention of Title and Risk

    1. Risk of damage to or losses of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer

      or their nominated representative.

    2. Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full

      price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been

      made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.

    3. Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner

      which makes them readily identifiable as the goods of the Dealer.

    4. The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything, or fail to do

      anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.

    5. Should the Customer’s right of possession cease they will notify the Dealer and immediately make the goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored

      and may repossess them.

    6. The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that

      such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.

  2. Right of Lien

1. The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any

account whatsoever.

  1. Part Exchange

    1. Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.

      1. that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle. AND

      2. that such used Vehicle is the absolute property of the Customer and is free from all encumbrances. OR

      3. that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in

        which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.

    2. If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them

      in the same condition at the date of such examination (fair wear and tear excepted).

    3. That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in

      the said used Vehicle shall thereupon pass to the Dealer absolutely.

    4. That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the

      Goods to be supplied by the Dealer are available for delivery.

    5. If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after

      the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.

    6. In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

  2. Authority to Contract

1. Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s

agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer. 19. Authority to Uplift

1. Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

20. Authority to Drive
1. In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be

entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

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21. Finance
1. Notwithstanding the provisions of this agreement, the Customer shall be at liberty before the expiry of 7 days after notification to him that the

Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.

22. Notices
1. All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post

to the Customer’s address shown overleaf.

  1. Export Outside EU

    1. The Dealer reserves the right to cancel this order if it believes that;

      1. the Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12

        months; or

      2. where the Customer is a corporation its place of business is not within the European Union; or

      3. where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end user or they are and such

        end user is not resident nor has its place of business within the European Union.

    2. The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to

      any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the European Union.

  2. Distance Selling

    1. If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without

      any face to face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement

      within 14 days without giving any reason.

    2. This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical

      possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement

      (e.g. a letter sent by post, fax or email) to our address.

    3. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the

      cancellation period has expired.

    4. If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later

      than:-

      1. 14 days after the day on which we receive the Goods back; or

      2. (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

      3. if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.

    5. We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement.

    6. We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.

    7. This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.

    8. You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.

    9. You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

25. Storage
1. The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.

Charges

26. Dispute

  1. In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at and is available from us

    on request.

  2. Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes,

    1. where your complaint does not relate to a financial service, the National Conciliation Service.

    2. where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline

      is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at

      complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

  3. Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the

    laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

resolution/ Jurisdiction

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