Data Protection and Your Privacy

YYour privacy is important to Us. We shall keep and use any data relating to You in accordance with the provisions of all relevant data protection legislation in order to process Your order and payment, and (unless You request Us not to do so) to inform You about similar products or services that We provide. You may object to receiving this information at any time by going to Our Privacy Policy on Our website www.autoventa.uk or by contacting Us via email to customerservices@autoventa.uk in accordance with these Terms and Conditions.

Data Protection and Your Privacy

If You are reserving a vehicle via Our website at www.autoventa.uk (or any other URL used under license by Us) or Our customer contact centre & pay our reservation fee of £99, then We will remove a vehicle from sale to the general public & hold it for a period no longer than 48 hours and You have an obligation to be in contact with Us via one of Our stipulated methods within 24 hours of placing the reservation. Reserving a vehicle does not enter You into a contract to purchase the vehicle, You will not be committed to buy the vehicle until You have visited our store, completed and signed a standard Vehicle Order Form and paid a deposit. You will need to arrange this appointment with Us. If You fail to contact Us within 24 hours of placing the reservation, or if You have not agreed to purchase the vehicle within 48 hours of reservation, We reserve the right to make the vehicle available for sale to the general public again and We will refund You the reservation fee back to the original credit or debit card used to make the initial reservation. If You are reserving a vehicle that You have not had the opportunity to inspect, be it either by way of a Distance Contract or if We are requested by You to move a vehicle from one Place of Business to another, You are entitled to a full refund of the reservation fee monies. These monies will be returned by Us by way of manual cheque or, if a debit/credit card was used, by way of refund of the same amount back to the payment card(s). If You decide to order the vehicle You have reserved, Your reservation fee will form part of the purchase transaction. If You wish to cancel the reservation We will refund the reservation fee. Your reservation fee will automatically be refunded to the original credit or debit card 3 days after you placed the reservation. We may cancel the reservation for whatever reason whereupon We will refund the reservation fee.

Orders and Deposits

You placing an order it enables Us to remove a vehicle from retail sale to the general public and prepare the vehicle for delivery. To do this a non-refundable deposit is required by You, the amount of the deposit required is subject to variation at the sole discretion of Us and will usually be a minimum of £250 per vehicle. This will be taken separately to any reservation fee. On receipt of the deposit monies We will remove a vehicle from sale to the general public. In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have ordered a vehicle, You are entitled to a full refund of the deposit monies. These monies will be returned to You by Us by way of manual bank transfer or, if a debit/credit card was used, by way of refund of the same amount back to the payment card(s). Refunds may take up to 10 days to appear on Your credit or debit card statement.

Payment

The deposit having been paid upon the placing of an order then the balance payable (or as the case may be, the sum required to complete any initial payment to a Finance Company) is to be paid by You or if applicable the 3rd party Finance Company prior to delivery of the Goods. Methods of payment: By Credit or Debit Card (max £500 per customer), remaining balance via Online bank transfer or Cash payments up to £8,000. We do not accept cheques.

Delivery

Delivery of the Goods is to be taken at Our Place of Business within 7 days of notification to You that the vehicle is ready for delivery. The Goods shall remain in Our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to You upon delivery. If You request Us to relocate a vehicle from one Place of Business to another We reserve the right to charge You the reasonable costs incurred in completing the transfer. These costs will be notified in writing to You prior to the transfer being made and will be in addition to Your deposit requirements. This transfer charge will be non-refundable. Under Distance Contracts and in exceptional circumstance at Our sole discretion We will arrange and agree a delivery to Your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. A delivery charge may be made, the amount of which will be determined in line with the distance required to move the vehicle from Our Place of Business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT

Delay in Delivery

Unless specifically agreed, the date for delivery of the Goods is not known at time of sale. Any date provided is an estimate only. We will use Our best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but We do not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. We shall not be obliged to fulfil orders in the sequence in which they are placed. If We shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, You may by notice in writing to Us require delivery of the Goods within 7 days of receipt of such notice. If the Goods shall not be delivered to You within the said 7 days the contract shall be cancelled. Unless specifically agreed We are not responsible for any delays cause by issues outside of Our control, including any import or export delays.

Transfer of Deposit

If You do not pay for and take delivery of the Goods within 7 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 Goods to another person. We are entitled to recover any additional costs We incur in re selling the vehicle plus any reduction in the sales price achieved. Once We have sold the Goods, We will notify You within 7 days as to how much We have lost as a result of having to re sell. We will include a statement showing Our calculation of our costs. We reserve the right to make a reasonable daily charge for the storage of the Goods. The deposit can however be transferred by You in full to another vehicle on Your request at any time within 14 calendar days from the point at which this contract is repudiated.

Failed Delivery Charge

We reserve the right to invoke a Failed Delivery Charge of £150 per instance to compensate Us for costs incurred for a failure by You to meet an agreed delivery appointment made with Us to deliver the Goods to Your fixed place of residence that was previously confirmed in writing (including email). Failed Delivery Charges will be waived should You provide in writing a minimum of 48 hours notice of Your inability to meet the agreed appointment.

Your Legal Rights

As a Consumer, You have legal rights in relation to a Vehicle that is not of satisfactory quality, fit for purpose or not as described. These legal rights are not affected by anything else in these Terms. Advice about Your legal rights is available from Your local Citizens' Advice Bureau (Tel 0808 223 1133 or on their website https://www.citizensadvice.org.uk/consumer).If You wish to exercise Your legal rights You should contact Us in the ways set out in clause 18 and, where requested by Us, must return the Vehicle to Us at the store which You collected it from at Your own cost. Within the first 30 days, if a serious fault is found, you have the option to reject the vehicle and decline a repair by us. This is your right under The Consumer Rights Act 2015. Conditions and charges will be applied as follows: The vehicle must be returned in the same condition as when it left our premises. Alloy wheel refurbishment: £100 each, valeting: £150, paint damage assessed on a case-by-case basis. If over 1,500 miles have been covered, the charge will be £1.50 per mile. We will be given 24 hours to inspect the vehicle at our premises before confirming acceptance of the return and detailing the charges. Any amounts owed to us will be deducted from the refund. Monies will be returned using the same method as the initial payment within five working days (cash cannot be returned; a bank transfer will be arranged). Road tax cannot be refunded by us; you will need to contact DVLA.

Contacting Us

If You need to contact Us for any reason, including making a complaint then You should do so either in person at the store, via telephone on calling +44 7511 916489 or by email to customerservices@autoventa.uk. In order to serve notice to Us that You wish to invoke Your rights to return Your Goods, make a complaint or any other formal correspondence then this needs to be confirmed in writing and sent via post for the attention of the Brand Experience Manager at the address shown on Your invoice or alternatively via email to customerservices@autoventa.uk.

Pricing Errors & Changes

Whilst We try to ensure that all the prices on the AutoVenta website and other websites We may use as marketing channels are accurate, errors may occur. If We discover an error in the price of the goods You have ordered We will inform You as soon as reasonably possible. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order with a full refund of any deposit made. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You by email. If You decide to cancel Your order after We have informed You of a pricing error and You have already paid for the Goods, We will give You a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation). If the retail price of the Goods are affected by any change in taxes or duties imposed by HMRC (for example changes in the rate of value added tax) You will then be given the option of re-confirming Your order at the revised price or cancelling Your order with a full refund of any deposit made.

Description Errors

We have made every effort to ensure the accuracy of the information contained in the website and other media however; Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations take place continually. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services, nor does it constitute an offer for the sale of any particular vehicle. Cargem are not agents of any manufacturer and have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits. All fuel economy figures stated are test figures supplied by our data provider. They have been calculated using official test cycles under test conditions. Under normal use the vehicles actual fuel consumption figures may differ from those achieved through the test procedures, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. We make all reasonable efforts to check the provenance and history of any vehicle We retail to You, including relying on third party vehicle check data. Where an anomaly is detected by You following the sale of a vehicle to You then We require that You inform Us without delay along with any evidence of this anomaly so that We may investigate and provide You with a remedy under Your legal rights and in addition may include reasonable requests for You to co-operate with Us to reclaim from the vehicle supplier any losses We experience.

Refund

We do not offer a refund policy, if you would like to return the vehicle (where clause 16 or 17 does not apply) it will be under Our discretion on a case-by-case basis, deductions will be made to cover our costs.

Other

The terms and conditions above do not abrogate or derogate from the rights afforded to You by the Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Distance Marketing Regulations 2004, The Consumer Protection (Amendment) Regulations 2014 and all other statutory rights. These terms shall represent the whole contract between You and Us. They may be varied only by written agreement between the parties. The singular shall include the plural and the male shall include the female or business entity as may be appropriate. 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. 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. Goods supplied by the order of any person in Your employment or by any person reasonably believed by Us to be Your agent or by any person to whom We are entitled to make delivery of the vehicle shall be paid for by You. Where a person who, so far as We are aware, has authority to uplift Goods or vehicles and does so, We shall have no liability to You for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon Us to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with You. In connection with the supply of a vehicle or an inspection or testing or the preparation of any estimate in connection therewith, We 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 You offer in part exchange in terms of clause 12. We do not guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs and strongly recommend that all users ensure that they protect their equipment with the use of firewalls and virus checkers. AUTO VENTAS MOTORS LIMITED 54 Bardfield Basildon England SS16 4JW Company No. 15506418

Jurisdiction

Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.