Terms and Conditions

 

Services and/or Goods Agreement between AutoRara Ltd and The Customer

 

1.DEFINITIONS.

2. OUR CONTRACT WITH YOU.

3. CHANGES TO ORDER OR TERMS.

4. MADE-TO-REQUIREMENTS GOODS.

5. DELIVERY OF GOODS.

6. IF THE GOODS ARE FAULTY.

7. THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS.

8. PROVIDING SERVICES.

9. IF THERE IS A PROBLEM WITH THE SERVICES.

10. PRICE AND PAYMENT.

11. OUR LIABILITY TO YOU..

12. EVENTS OUTSIDE OUR CONTROL.

13. YOUR CANCELLATION RIGHTS.

14. OUR CANCELLATION RIGHTS.

15. INFORMATION ABOUT US AND HOW TO CONTACT US.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION.

17. OTHER IMPORTANT TERMS.

18. SPECIAL OFFERS.

 

1. DEFINITIONS

1.1 When the following words with capital letters are used in theseTerms, this is what they will mean:

(a) Event Outside Our Control: is defined in clause 12.2;

(b) Goods: the goods that We are selling to you as set out or agreed inthe Order, usually being a new or used vehicle, parts and/or accessories;

(c) Order:your order for the Services and/or Goods  being your acceptance of the confirmationcommunications issued by us following the discussion of your Order requirements.Orders for Services are estimates and will be updated regularly as required forthe period ahead as projects proceed. Orders for Goods will be fixed prices. Wereserve the right for Orders to be placed and confirmed using Our order form,email or through any other means;[GD1] 

(d) Services: the services that We are providing to you as set out oragreed in the Order;

(e) Terms: the terms and conditions set out in this document; and

(f) We/Our/Us: AutoRara Limited, registered in England and Wales withcompany registration number 14006124, and whose registered office is at 54d Frome Road,Bradford On Avon, Wiltshire, United Kingdom, BA15 1LA.

(g) Special Offers: From time to time We will offer Services underSpecial Offers and modified terms. These modified terms vary some of the standardterms, such as price, and will take precedence when offered and accepted. Thesespecial terms if applicable will be listed in Section 18 (Special Offers) ofthis agreement or conversely left blank.    

1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Services, or Goods, or both Goods and Services, to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on any written Order and in these Terms are complete and accurate, before you sign and submit any written Order or submit your Order through other means. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.

2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us.

2.4 When you sign and submit the Order to Us or submit the Order to Us through other means, this does not mean We have accepted your order for Good sand/or Services. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.

2.6 These Terms will become binding on you and Us when We either issue you with a written acceptance of an Order or We contact you to confirm that We are able to provide you with the Services or the Goods, at which point a contract will come into existence between you and Us.

2.7 If any of these Terms conflict with any term of the Order, the Order will take priority to the extent it is in writing.

2.8 We may assign an order number to the Order and inform you of it when We confirm the Order. Please quote any such order number in all subsequent correspondence with Us relating to the Order.

2.9 Any images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only. Although We would have made every effort to display the Goods accurately, We cannot guarantee that your computer’s display or any printed pictures accurately reflect the Goods. YourGoods may vary slightly from such images.

3. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how We accept payment from you; or

(b) changes in relevant laws and regulatory requirements.

3.2 If We have to revise these Terms under clause 3.1, We will give you at least 1 month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause13.4(c).

3.3 You may make a change to the Order for Services  and/or Goods  at any time before We despatch the Goods orstart date for the Services by contacting Us, except in the case of any made-to-requirements Goods. Where this means a change in the total price of theGoods and/or Services, We will notify you of the amended price. You can choose to cancel the Order in accordance with clause 13 in these circumstances.

3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13. In the case of made-to-requirementsGoods, you will not be able to cancel an Order once it is made.

4. MADE-TO-REQUIREMENTS GOODS

4.1 We commission the making the Goods according to the requirements you provide Us, usually being bespoke parts..

4.3 Please make sure your requirements are correct and accurately reflected on the Order.

4.4. Unfortunately, We cannot accept the return of made-to-requirementsGoods if the reason for the return is because you provided Us with incorrect information. However, this will not affect your legal rights as a consumer in relation to made-to-requirements Goods that are faulty or not as described.Advice about your legal rights is available at your local Citizen’s AdviceBureau or Trading Standards office.

5. DELIVERY OF GOODS

5.1 Please note that timescales for delivery will vary depending on the availability of the Goods.

5.2 We may contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12for Our responsibilities when this happens.

5.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours.

5.4 Delivery of an Order shall be completed when We deliver the Goods tot he address you gave Us or you collect them from Us.

5.5 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact Us to rearrange delivery.

5.7 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.

5.8 You own the Goods once We have received payment in full and cleared funds.

6. IF THE GOODS ARE FAULTY

As a consumer, you have legal rights in relation to Goods that arefaulty or not as described. Advice about your legal rights is available fromyour local Citizens’ Advice Bureau or Trading Standards office. Nothing inthese Terms will affect these legal rights.

7. THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS

7.1 The Goods may come with a manufacturer’s guarantee. For details,please refer to any manufacturer’s guarantee provided with the Goods.

7.2 This guarantee is in addition to your legal rights in relation toany Goods that are faulty or not as described. Advice about your legal rightsis available from your local Citizens’ Advice Bureau or Trading Standardsoffice.

8. PROVIDING SERVICES

8.1 We will make every effort to complete the Services on time, as setout or agreed in the Order. The Order for Services will be periodically updatedfor your review.

8.2 We may need certain information from you that is necessary for Us toprovide the Services. We will contact you about this. If you do not, afterbeing asked by Us, provide Us with this information, or you provide Us withincomplete or incorrect information, We may make an additional charge of areasonable sum to cover any extra work that is required, or We may suspend theServices by giving you written notice. We will not be liable for any delay ornon-performance where you have not provided this information to Us after Wehave asked. If We suspend the Services under this clause 8.2, you do not haveto pay for the Services while they are suspended, but this does not affect yourobligation to pay for any invoices We have already sent you.

8.3 We may have to suspend the Services if We have to deal withtechnical or mechanical problems. We will contact you to let you know inadvance where this occurs, unless the problem is urgent or an emergency. You donot have to pay for the Services while they are suspended under this clause 8.3but this does not affect your obligation to pay for any invoices We havealready sent you.

8.4 If you do not pay Us for the Services when you are supposed to asset out in clause 10.7, We may suspend the Services with immediate effect untilyou have paid Us the outstanding amounts (except where you dispute an invoiceunder clause 10.9). We will contact you to tell you this. This does not affectOur right to charge you interest under clause 10.8.

8.5 Where in any case a driver who, so far as We are aware, has theauthority to collect your vehicle, collects the same then We shall not beresponsible to you for any loss or damage resulting on the grounds that suchdriver had in fact no such authority. We shall not be obliged to seekconfirmation of the authority of any person reasonably believed to be then, orto have been at some time, connected with you.

8.6 In connection with any Services involving any inspection, repair, orcontemplated repair, you are deemed to have authorised the driving of thevehicle on the road or elsewhere by or on behalf of Us.

8.7 AllServices performed by Us in respect of a vehicle is warranted against failuredue to defective work for a period of 3 months or 3,000 miles, which occursearlier. [GD2] Advice about your legal rights is available from your local Citizens’Advice Bureau or Trading Standards office. Nothing in these Terms will affectthese legal rights.

8.8 All parts of a vehicle removed by Us during the course of providingServices shall, if not claimed by you within 14 days after completion of theServices, be deemed to be wholly abandoned to Us and they shall become Ourabsolute property accordingly.

8.9 You are strongly advised to remove all items of value not connectedwith your vehicle when leaving it on Our premises for Services to be performedsince We cannot accept liability for any loss or damage to the same exceptwhere this is shown to have been caused by a lack of reasonable care on Ourpart.

8.10 You agree to indemnify Us for any fines and charges incurred by youor on your behalf relating to a part-ex and any vehicle supplied or lent by Us.

9. IF THERE IS A PROBLEM WITH THE SERVICES

9.1 In the unlikely event that there is any defect with the Services:

(a) please contact Us and tell Us as soon as reasonably possible and inany case within 14 days of the goods or services being delivered to you; and

(b) please give Us a reasonable opportunity to repair or fix any defect.

You will not have to pay for Us to repair or fix a defect with theServices under this clause 9.1.

9.2 As a consumer, you have legal rights in relation to Services notcarried out with reasonable skill and care, or if the materials We use are faultyor not as described. Advice about your legal rights is available from yourlocal Citizens’ Advice Bureau or Trading Standards office. Nothing in theseTerms will affect these legal rights.

10. PRICE AND PAYMENT

10.1 The price of the Services  and/or the Goods  will be set out in the Order confirtaion sentto your and in your Order accepting the terms of that Order. .Our prices maychange at any time, but price changes will not affect Orders that We haveconfirmed with you.

10.2 In the case of Services the pricing agreed is an estimate and issubject to change in subsequent updated periodic Orders.  

10.3 These prices include VAT. However, if the rate of VAT changesbetween the date of the Order and the date of delivery or performance, We willadjust the rate of VAT that you pay, unless you have already paid for the Goodsand/or Services in full before the change in the rate of VAT takes effect.

10.4 The prices for the Goods and Services exclude delivery costs unlessotherwise agreed, which will be added to the total amount due.

10.5 It is always possible that, despite Our best efforts, some of theGoods We sell or Services We provide may be incorrectly priced on Our websiteor elsewhere. We will normally check prices as part of procedures so that,where the correct price is less than Our stated price, We will charge the loweramount. If the correct price is higher than the price stated on Our website orelsewhere, We will contact you to tell you and for your instructions. If thepricing error is obvious and unmistakeable and could have reasonably beenrecognised by you as a mispricing, We do not have to provide the Goods orServices to you at the incorrect (lower) price.

10.6 WhereWe are providing Goods to you, you must, unless We agree otherwise, makepayment for Goods in advance by credit or debit card[GD3] . We will not charge your credit or debit card until We despatch theGoods to you. Where We do not take payment of Goods in advance We reserve theright to require a deposit including, without limitation, formade-to-requirements Goods. Your rights to a refund on cancellation are set outin clause 13.

10.7 Where We are providing Services to you, We may ask you to make anadvance payment of the price of the Services. Your rights to a refund oncancellation are set out in clause 13. We will invoice you for the Services(and deduct any amount paid in advance) on or any time after We have performedthe Services for satisfaction on presentation of the invoice. If no price isstated or agreed in the Order and if part only of the worked covered by anOrder is carried out by Us then We shall be entitled to charge a reasonable andproper price for the work and services performed and for materials supplied.If, in Our opinion, it is impractical for any reason to carry out any of theServices We are instructed to perform We shall be entitled to refrain fromcarrying out or completing such Services (notwithstanding that they might becontained in the Order) and to carry out only such work and services as in Ouropinion may be practical.

10.8 We will invoice you promptly. Payment terms are nominally 7 daysfrom invoice or as marked on the invoice if different.  

10.9 If you do not make any payment due to Us by the due date forpayment, We may charge interest to you on the overdue amount at the rate of 5%a year above the base rate of the Bank of England from time to time and HoldingFee of ÂŁ50 per week while we place or Services on hold but incur the costs ofyour car at premises. This interest shall accrue on a daily basis from the duedate until the date of actual payment of the overdue amount, whether before orafter judgment. You must pay Us interest together with any overdue amount.

10.10 We understand that from time to time customers may encounterissues delaying payment to terms. If you are unable to pay you may avoid the weeklyHolding Fee in 10.15 by making a written request for us to store your vehicle forup to three months (maximum) while you make payment arrangements. If we agreeto this option we will charge of £100 per month (or part thereof) for storage.  

10.11 If you dispute an invoice in good faith and contact Us to let Usknow promptly after you have received an invoice that you dispute it, clause10.8 will not apply for the period of the dispute.

10.12 We shall have a general lien on your goods, including any vehicleand its contents, for all monies owed to Us by you.

10.13 If a vehicle if not collected or accepted for delivery within 72hours of Us having notified you that it is ready for collection or delivery,then We may charge a reasonable storage rent in respect of it from the date iswas ready for collection or delivery until collection or disposal by Us underthese Terms.

10.14 If your indebtedness to Us, including accrued storage charges, interestand holding fees are not satisfied within 3 months from the first account arrearsrendered to you We may, without notice, sell your vehicle and/or any contentsthereof by public auction or private treaty. The net proceeds of the sale shallbe applied towards satisfying monies due from you to Us and any balance shallbe held on trust by Us for you. Disposal will attract a ÂŁ500 disposal fee.

10.15 Any valuation given by Us of any vehicle to be supplied to Us byyou as part exchange or otherwise for Goods (the part-ex) is a guide only andno binding offer to purchase it can be made until it is presented to Us forexamination. We reserve the right to revalue the part-ex at the time ofacquisition to reflect current market values, mileage, condition, the passageof time and any other factor which We deem to be relevant. When We accept thepart-ex as part-payment for Goods you agree and represent that you are thelegal owner, no outstanding credit is owed on it and no obligations of any kindhave been secured on or by reference to it. If there is an outstanding credit,the amount of money We give you will be reduced by the equivalent of the amountof the outstanding credit. You must deliver the part-ex to Us on or before theday of delivery or collection (as applicable) of the relevant Goods. From theday you deliver the part-ex to Us, as between Us and you, We are the legalowner. By delivering the part-ex to Us, you warrant that input tax deductionhas not been and will not be claimed in respect of the part-ex. If you arrangefor a finance company to purchase Goods from Us and We have accepted a part-exas part-payment, We shall be entitled to inform the finance company how muchwas agreed by Us to be deducted from the price of the Goods for the part-ex andwhat deposit, if any, you have paid to Us.

 

11. OUR LIABILITY TO YOU

11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms orOur negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the contract.

11.2 If We are installing the Goods in, and/or providing Services in respect of, your vehicle, We will make good any damage to your vehicle caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle that We discover in the course of installation and/or performance byUs.

11.3 We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act1979 and by section 2 of the Supply of Goods and Services Act 1982 (title andquiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale ofGoods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the EventOutside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the EventOutside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in clause 13.

13. YOUR CANCELLATION RIGHTS

13.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-requirements Goods) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:

(a) You may cancel any Order for Goods and/or Services at any time before We despatch the Goods or the start date for the Services by contactingUs.

(b) If you cancel an Order under clause 13.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you(without interest).

(c) However, if you cancel an Order for Services under clause 13.1(a)and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an EventOutside Our Control), you do not have to make any payment to Us.

(d) Unfortunately, if you cancel an Order for Goods under clause 13.1(a)and We have already despatched your Goods to you or started your Services, W ewill not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods, but any charge for collection will be deducted from the refund that is due to you.

13.2 Unfortunately, as the made-to-requirements Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-requirements Goods that are faulty or not as described).

13.3 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30calendar days’ notice in writing. Any advance payment you have made forServices that have not been provided will be refunded to you (without interest).

13.4 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

(a) You have received an updated estimate for a Services Order and have decided not to proceed. You will be invoiced for the Services completed to date under your Order, including all parts agreed and labour incurred until cancelation.

(b) We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing; or

(c) We go into liquidation or a receiver or an administrator is appointed over Our assets; or

(d) We change these Terms under clause 3.1 to your material disadvantage; or

(e) We are affected by an Event Outside Our Control.

14. OUR CANCELLATION RIGHTS

14.1 If We have to cancel an Order for Goods (including made-to-requirements Goods) and/or Services before the Services start or theGoods are delivered:

(a) We may have to cancel an Order before the start date for theServices or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

(b) If We have to cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, orGoods that have not been delivered to you, We will refund these amounts to you(without interest).

(c) Where We have already started work on your Order for Services or made-to-requirements Goods by the time We have to cancel under clause 14.1(a),We will not charge you anything and you will not have to make any payment toUs.

14.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30calendar days’ notice in writing. If you have made any payment in advance forServices that have not been provided to you, We will refund these amounts to you (without interest).

14.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

(a) you do not pay Us when you are supposed to as set out in clause10.7. This does not affect Our right to charge you interest under clause 10.8; or

(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.

15. INFORMATION ABOUT US AND HOW TO CONTACT US

15.1 We are a company registered in England and Wales. Our company registration number is 14006124 and Our registered office is at 54d Frome Road, Bradford On Avon,Wiltshire, United Kingdom, BA15 1LA and our operating premises are at Griffon Court,Ilkeston, Derbyshire, DE7 4RF, Our registered VAT number will be as in any written Order, invoice or as on Our website.

15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team using the number in any written Order or on Our website.

15.3 If you wish to contact Us in writing, or if any clause in theseTerms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post using the contact details in any written Order or on Our website. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us at any time.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 We will use the personal information you provide to Us to:

(a) provide the Goods and/or Services;

(b) process your payment for such Goods and/or Services; and

(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

17. OTHER IMPORTANT TERMS

17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

17.2 You may transfer the benefit of any guarantee in clause 7.1 to any purchaser of your vehicle. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.

17.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, any purchaser of your vehicle will have the benefit of any guarantee at clause 7.1 if you transfer it to them, butWe and you will not need their consent to cancel or make any changes to theseTerms.

17.4 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 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay indoing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

17.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.