1.  INTERPRETATION

“we”, “us”, “our” means the Supplier

“Conditions” means the terms and conditions set out in this document.

“Contract” means the legally-binding agreement between the Supplier and the Client for the sale and purchase of the Vehicle which incorporates these Conditions.

“Privacy Policy” means the Supplier’s statement about the use of Clients’ information and their contact details for the purposes of the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as these may be amended or re-enacted from time to time)

2. CONDITIONS OF SALE

These Conditions (together with the documents referred to in it) tells you the terms and conditions on which we supply a vehicle (“Vehicle”) whether through our website (“our site”) or otherwise to you. Please read these Conditions carefully. You should understand that if you purchase a Vehicle the purchase will be subject to these Conditions and you agree to be bound by these Conditions.

3. AVAILABILITY

When you use our site, you acknowledge that our site is only intended for use by people resident in the United Kingdom.

By submitting a request for formal quote (“Request for Formal Quote”) through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old; and

(c) You hold a full UK driving licence, and

(d) You are resident in the United Kingdom, and

(e) You are accessing our site from the United Kingdom, and.

(f) That the Vehicle’s stated mileage on the Request for Formal Quote is accurate.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After submitting the Request for Formal Quote for a Vehicle whether via our site, email, or phone, you will receive an e-mail from us acknowledging that we have received your request. We will then send you an email explaining the actions you need to take, a Vehicle Purchase Order and a summary of the Mechanical Guarantee and Roadside Recovery package that may be included with the vehicle sales. Your signature on the Vehicle Purchase Order constitutes an offer by you to us to buy the Vehicle in accordance with these Conditions. This offer is subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail. We reserve the right at all times to reject any Vehicle Purchase Order, in whole or in part, at our sole discretion.  The contract between us which incorporates these Conditions (“Contract”) will only be formed when we receive the signed Vehicle Purchase Order completed in full and payment in cleared funds. The Contract will relate only to the Vehicle the details of which we have confirmed in the Vehicle Purchase Order.   We will not accept any variation to these Conditions, the Vehicle Purchase Order or quotation from us unless the variation is expressly agreed by us in writing and signed by a duly authorised signatory on our behalf. 

6. AVAILABILITY AND DELIVERY

We will not arrange for either a safety check of the Vehicle or for cleaning of the Vehicle.

7. RISK AND TITLE

7.1 The Vehicle will be at your risk from the time of delivery, or, if already in your possession, from the date the Contract is formed.  We will not be liable for any loss or destruction of the Vehicle occurring after the time of delivery, or where the Vehicle is in your possession, from the date the Contract is formed. 

7.2 Ownership of the Vehicle will only pass to you when we receive the signed Vehicle Purchase Order and full payment in cleared funds of all sums due in respect of the Vehicle.

8. PRICE AND PAYMENT

8.1 The price will be the amount stated on the Vehicle Purchase Order and is valid for 7 days from the date the quote was provided. After this time a new quotation will be required. Prices provided on cars include VAT. Prices provided on commercial vehicles exclude VAT.  

8.2 Despite our best efforts, it is always possible that we provide you with an incorrect quote. We will verify the price as part of the Request for Formal Quote process. We are under no obligation to provide the Vehicle to you at the incorrect (lower) price, even after we have sent you a Vehicle Purchase Order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.

8.3 Payment for a Vehicle must be by electronic transfer to the bank details set out on the sales invoice.

9. DATA PROTECTION

We will comply with the requirements of the Data Protection Act 2018 in respect of the personal data you provide to us in order that we can respond to a Request for Formal Quote and Vehicle Purchase Orders.  Your information will be processed in accordance with the terms of our Privacy Policy.

10. COMPLAINTS

Should you have any complaints that you wish to raise with us regarding this transaction or any other matter please put them in writing and address them to: Driver Sales Manager, c/o BCA Remarketing Solutions, Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH. Alternatively, complaints can be emailed to [email protected].

11. CANCELLATION RIGHTS

11.1 By law you have the right to cancel this Contract at any time 14 days from the date the Contract is formed up. 

11.2        Notice of cancellation in accordance with clause 11.1, must be sent to us in writing via our partners BCA Remarketing Solutions. Suite F, Pentland House, Village Way, Wilmslow, SK9 2GH and be sent by recorded delivery mail, or emailed to [email protected]. 

11.3 On receipt of this notice of cancellation our partners, BCA Remarketing Solutions will contact you to confirm arrangements for the return of the Vehicle. You are required to make the Vehicle available for collection at a pre-determined date and time.

11.4 On collection of the Vehicle, the Vehicle must not have travelled more than 200 miles since formation of the Contract and you must have taken reasonable care of the Vehicle prior to its delivery back to us.   Any deterioration recorded at the time of collection will be valued when the Vehicle is delivered back to us and details of these costs will be notified to you.

11.5 A refund will be processed and executed in the same way that payment was made originally by you and will be made within 30 days following formation of the Contract.  Should any of the conditions set out in this clause 11 fail to be met then the deductions as specified will be made from the refund accordingly. Any direct costs of collection will also be deducted. 

12. WARRANTY AND LIABILITY

12.1 You acknowledge that the Vehicle is not new and that it has been used by the hirer or another person for business or other purposes.  Unless you advise us to the contrary when you make the offer to purchase the Vehicle by signing the Vehicle Purchase Order we will assume that the Vehicle is in an acceptable and roadworthy condition, inside and out, commensurate with age and mileage, at the date of your acceptance.  You have had an opportunity to inspect the goods before agreeing to purchase them.  Accordingly the Vehicle is sold as seen and no warranty or representation is given as to its quality, state, condition, safety or fitness for any purpose and any condition, warranty or representation which may be implied is hereby expressly excluded to the maximum extent permitted by law.

12.2 A minimum of 12 months guarantee will be supplied with the Vehicle including breakdown cover provided that the Vehicle is under 3 years old and has travelled less than 60,000 miles.  The guarantee and breakdown cover are subject to the terms and conditions of the cover, copies of which are available on request..

12.3 Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:

12.3.1 for death or personal injury caused by our negligence; or

12.3.2 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982; or

12.3.3 for defective products under the Consumer Protection Act 1987; or

12.3.4 for fraud or fraudulent misrepresentation.

12.4 We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions. These losses to be limited to the price for the Vehicle per incident or series of related incidents caused by the failure of the Vehicle.

13. RIGHTS OF THIRD PARTIES

The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14. ENTIRE AGREEMENT

The Contract including the documents referred to in these Conditions constitutes the entire agreement between you and us in relation to its subject matter.  No other terms and conditions apply.

15. SUCCESSION

This Contract will bind and benefit each of your and our successors and personal representatives.

16. GOVERNING LAW AND JURISDICTION

16.1 This Contact will be governed by the laws of England and Wales.

16.2 Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.

17. VEHICLE FINANCE

BCA Remarketing Solutions is authorised and regulated by the Financial Conduct Authority (reference 674487) to carry out regulated activities limited to secondary credit broking, we are not a lender, we can introduce you to Stellantis Financial Services Limited. We do not charge a fee for our Consumer Credit Services. BCARS are likely to receive a commission payment from the lender for it's services should you decide to enter into an agreement with them. The payment received does not impact the finance rate offered. You may request further information about commission from BCA Remarketing Solutions. An introduction from us does not amount to independent financial advice.