CARPORIUM TERMS & CONDITIONS ("TERMS")
Effective from 01/10/23
1. INTRODUCTION AND DEFINITIONS
1.1 In these terms and conditions (“Conditions”):
a) “The Dealer”, “Seller”, “Trader”, “we”, “our” or “us” means Carporium Ltd., the person who is the vendor of the Goods to the customer.
b) “The Buyer”, “Customer”, “you” or “your” means the person buying the Vehicle.
c) “Consumer” means a buyer who is a consumer within the meaning of the Consumer Rights Act 2015.
d) “Goods” or “Products” means all Vehicles as defined, or things to be sold by the dealer to the Customer.
e) “Vehicle” means the motor Vehicle and any parts, accessories and extras detailed in the order
f) “Part Exchange Vehicle” or “Trade-in” means the used Vehicle (if any) offered by the Customer in part exchange for the Vehicle, details of which appear overleaf under the heading ‘Part-Exchange Vehicle (if applicable)’.
g) “Accessory” means an extra or accessory detailed in the Order
h) “Contract” means the contract or the sale and purchase of the Vehicle.
i) “Order”, “Sale” or “Sales Invoice” means the order set out overleaf for the purchase of the Vehicle.
j) “Total Price”, “Total Cost” or “Purchase Price” means the total payment required by the Customer for the completion of the Order.
k) “Deposit” means a sum payable as the first instalment towards the Total Cost.
1.2 These Conditions apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, after being agreed upon by the Seller, or which are implied by trade, custom, practice or course of dealing.
1.3 If you have any questions or complaints about the goods, please contact us. You can telephone our team at 07946 678376 or send an email to enquiries@carporium-ltd.co.uk. Alternatively, please speak to one of our staff at our premises.
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2. FORMATION OF CONTRACT
2.1 The order is the Consumer’s offer to purchase the Vehicle upon these terms. The Contract is formed upon the Trader accepting that offer by signing and dating the Order overleaf.
2.2 The Contract is personal to the Consumer who shall not assign the benefit of the Contract without prior written consent of an authorised representative of the Trader.
2.3 The sales information provided by the Trader will form part of the Contract but not otherwise.
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3. DELIVERY
3.1 ‘Delivery’ is the shipping of the Vehicle to an agreed location between the Trader and the Consumer. Risk in the Vehicle will pass upon Delivery.
3.2 During the order process, we will keep you informed of your Vehicle’s delivery status.
3.3 Any Delivery timeframe provided is an estimate. Although we aim to fulfil the Order, we will not be held liable for any unforeseen Delivery delays of up to 45 days.
3.4 All Delivery costs and holding deposits are charged upfront and are non-refundable, except with the absolute discretion of the Trader.
3.5 If you do not collect the Vehicle from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the Vehicle from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange a delivery or collection we may terminate the contract.
3.6 The Consumer shall not be entitled to take delivery of the Vehicle unless the Purchase Price has been paid in full, and if you fail to pay, we will be entitled to treat the Contract as repudiated by the Consumer.
3.7 If our supply of the Vehicle is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
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4. LIMITATIONS OF LIABILITY
4.1 The Vehicle is sold strictly on the terms that the Consumer has inspected the Vehicle and has satisfied himself of its suitability for his purposes and of its satisfactory quality. The Consumer acknowledges that specifications and details in any catalogue, and forecasts of performance, are approximate only, and that such specifications and details and representations made by the Trader to the Consumer do not form part of this Contract and that in respect of such specifications, details, forecasts and representations the Trader shall be under no liability nor shall the Consumer be entitled to any remedy under the provisions of the Misrepresentation Act 1967 as amended by the Consumer Protection (Amendment) Regulations 2014.
4.2 The Trader's total liability for the aggregate claims of the Consumer arising out of a single act or default of the Trader (whether due to the Trader's negligence or otherwise) shall not exceed the Purchase Price.
4.3 This provision in the Contract does not affect the rights of a Consumer to seek a price reduction in the event that the Trader fails to perform a service without reasonable skill and care.
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5. PAYMENT
5.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery/collection. We may, at our 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.
5.2 The dealer shall furnish the customer with a paid receipt within 7 days of the full payment being received for the goods.
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6. PRICE AND PRICE VARIATION
6.1 The Price of the Vehicle will be the Total Cost specified on the order form or Sales Invoice.
6.2 We reserve the right to vary the Purchase Price by any amount attributable to a variation in cost for any reason between the date of the Order and the date of delivery and the Consumer shall be bound to pay the price as so varied
6.3 If the Trader is unable to supply an Accessory (of whatever nature) the Trader may either:
a) Substitute with a reasonable or equivalent material; or
b) Remove the Accessory from the Order and reduce the Purchase Price by an amount equal to the price of the Accessory in question.
6.4 The Trader’s inability to supply an Accessory shall not constitute a breach of contract nor entitle the Consumer to repudiate the Contract or reject the Vehicle.
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7. PART EXCHANGE VEHICLES
7.1 Where we agree to allow part of the price of the Vehicle to be discharged by you delivering a used motor Vehicle to us, or by us collecting the used motor Vehicle at an agreed collection cost, the following conditions apply:
a) That such used Vehicle is your absolute property and is free from all encumbrances;
b) That if we examined the said used Vehicle prior to its confirmation of this order, the said used Vehicle shall be delivered to us or collected by us in the same condition as at the date of such examination (fair wear and tear excepted);
c) If the Vehicle is to be delivered by you, it must be delivered on or before the delivery of the good to be supplied by us under this agreement, and the property in the said used Vehicle shall pass to us absolutely;
7.2 In the event of any non-fulfilment of any of the foregoing conditions, we shall be discharged from any obligation to accept the said used Vehicle or to make any allowance in respect thereof and you shall discharge in cash the full price of the Goods to be supplied by us.
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8. USED VEHICLES
8.1 If the Vehicle is a used vehicle, the Vehicle is sold:
a) Subject to any defects which the Trader has drawn to the Consumer’s attention prior to the Consumer’s placing the Order; and
b) Subject to any defects which the Consumer discovered or ought reasonably to have discovered upon examining the Vehicle prior to placing the Order (irrespective of whether the Consumer has carried out such inspection) and in that regard the Consumer acknowledges that you have been afforded the opportunity to examine the Vehicle.
8.2 The Vehicle is supplied as roadworthy at the date of delivery.
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9. WARRANTY
9.1 Any used Vehicles sold by us, with warranty provided at point of sale is directly purchased with a third-party warranty company, as disclosed during Point of Sale
9.2 At the point of sale, you will be given the opportunity to select alternative packages of coverage degrees at an extra cost, which is stated on the Sales Invoice under ‘Warranty Cost’.
9.3 After the Order has been fulfilled, all issues covered under the Warranty level of cover must be directly dealt with between the Consumer and the Warranty Company, not Carporium Ltd.
9.4 ‘Warranty Cost’ is non-refundable, as stated in clause 12.5.
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10. OWNERSHIP AND RISK
10.1 We shall remain the full and absolute owner of the goods until such time as your total indebtedness to us (whether due under this contract and whether paid in money or money and ownership of a vehicle which is free from encumbrances if part exchange has been agreed) shall have been paid to us by you in full.
10.2 Goods subject to any agreement by us to sell shall be at your risk as soon as they are delivered or handed over to you or otherwise to your order.
10.3 It is the customers duty to make sure they have the correct level of insurance cover before they take possession of the vehicle. We do not provide any insurance once the customer takes physical possession of the vehicle and we will not be held liable for any claims made against the vehicle once the customer takes possession.
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11. DISTANCE SALES
11.1 If you are contracting with us:
a) as a Consumer online or by phone and do not visit our place of selling at any point during the transaction process; If the contract has been completed
b) without any face to face contact between the Trader and Consumer, or
c) without any face-to-face contact between anyone acting on your or our respective behalf,
you may give notice to cancel within 14 days without giving any reason (under the Consumer Contracts Regulations 2013).
11.2 The cancellation period will expire 14 days after the day on which the Consumer, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Consumer must inform us of your decision to cancel the contract in writing by clear statement (e.g. a letter sent by post, fax or email) to the Trader’s address as set out overleaf.
11.3 If the Consumer cancels the contract, the Consumer will be reimbursed (using the same means), all payments received under the contract not later than 28 days after the day on which the Trader receives the Goods back.
11.4 The Trader may withhold reimbursement until they have received the Goods back or the Consumer has sent evidence of having sent back the Goods back, whichever is the earliest. The Consumer should send back the Goods or deliver them back to the Trader at the address shown overleaf, not later than 14 days after the day on which you communicate your cancellation of the contract. The Trader will require the Consumer to bear the cost of returning the Goods.
11.5 The Consumer must take all reasonable care of the Goods and will be responsible for any loss or damage from when the Goods are delivered, until when they are returned to the Trader.
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12. RETURNS, REFUNDS AND COLLECTIONS
12.1 If you decide to cancel in accordance with this clause 12, you should return the vehicle to us at an arranged location with us, at your own cost and we will reimburse you (by the method used to pay for the original transaction) the amount in relation to the Vehicle to which the cancellation rights apply. Alternatively, if you wish us to collect the Vehicle, we will do so subject to payment of an agreed collection fee.
12.2 We may make a deduction from the reimbursement for loss in value of any vehicles supplied, based on additional mileage on the Vehicle after receipt. We will make the reimbursement no later than 28 days after the day we receive back from you any Vehicles supplied for, if earlier, the date you supply evidence to us that you have sent the Vehicle, together with all keys and documentation, back to us. Refunds will be made by cheque or direct bank transfer to the same account as the Purchase Price was paid from. Refunds may be paid in cash with an explicit agreement by the Trader.
12.3 If you have sold a used vehicle to us as a Part Exchange for the Vehicle, we may at our discretion either refund the sum attributed to the Part Exchange Vehicle at the time the agreement was entered into, or return the Part Exchange Vehicle to you, if it remains available. Delivery charges will apply. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay us the cost of the pairs if you wish to retain the Part Exchange Vehicle.
12.4 If you have sold us a used Vehicle as Part Exchange on an acquisition made online or by phone and the Part Exchange Vehicle upon delivery or collection is not as described we may either revalue the vehicle and proceed with the sale based upon the revised valuation, or terminate the contact immediately. All deposits are non-refundable. You may also be charged additional fees we incurred upon transport to the Part Exchange Vehicle.
12.5 ‘Warranty Cost’ as stated on the Sales Invoice is non-refundable.
12.6 An advertising cost of £99 will be deducted from the total refund.
12.7 Any deductible payments are excluding VAT.
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13. STORAGE
13.1 We reserve the right to apply a daily charge for the storage of any Vehicles purchased by you from us, as stated in the Contract or Sales Invoice.
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14. GENERAL
14.1 The headings in these conditions are for convenience only and shall not affect their interpretation.
14.2 In no way does anything in these terms and conditions void your statutory rights as stated in the consumer rights act 2015.
14.3 No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.
14.4 If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts or the provision shall continue to full force and effect.
14.5 These terms are governed by English Law and the parties agree to the exclusive jurisdiction of the English courts.
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