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AutoXdirect - Terms And Conditions
This Vehicle Agreement does not affect your statutory rights as a consumer.
1. Definitions
In these Terms and Conditions, the following words have the following meanings:-
"Us" or "We" or "Our" refers to AutoXdirect .
"You" or "Your" refers to the person who has asked us to source the Vehicle.
"Vehicle" a car which you have instructed us to buy on your behalf.
"Collection/Delivery Point" the location where the Vehicle is to be collected by you.
"Agency" the Agency between you and AutoXdirect for the sourcing of the Vehicle in accordance with these Terms and Conditions where we act as your agent.
"Scheduled Collection Date" this is the date we estimate your vehicle will be available for collection by you at the Collection/Delivery Point.
2. Agency
2.1 You have appointed us to act as your agent in order to:
2.1.1 Buy a Vehicle on your behalf; and
2.1.2 Register the Vehicle in the United Kingdom on your behalf, if it is not already registered by the supplying dealer.
2.2 This Agreement is your authority and instruction to us to purchase the Vehicle from a manufacturer or third party supplier on your behalf and in your name.
2.3 When we order the Vehicle from the manufacturer or third party supplier, the contract for the supply of the Vehicle will be between you and the manufacturer or third party supplier. We will not become owners of the Vehicle at any time.
2.4 This Agreement and your purchase of the Vehicle shall be subject to the terms and conditions that the manufacturer or third party supplier may lawfully attach to the Purchase of the Vehicle from time to time. In order to obtain a copy of the manufacturer or third party supplier terms and conditions, please contact us on online.
2.5 Please note that we have the right to withhold any commercially sensitive information we hold in respect of any manufacturer or third party supplier.
3. Purchase Of The Vehicle For You
3.1 All the terms of the Agency between you and us are contained in these Terms and Conditions.
3.2 If there is to be any variation to these Terms and Conditions then this should be confirmed in writing by you and us.
3.3 Please read these Terms and Conditions and check that you are happy with the specification of the Vehicle that we are to source and you are to purchase before sending your order form back to us with your deposit for the Vehicle.
3.4 If we have sent you the order form by post you should sign and return the order form with deposit to us within 7 DAYS of receiving the order form.
3.5 We shall place an order for the Vehicle with the manufacturers appointed factory supplier within 7 days of receiving your order form and deposit (after any cheque you have sent has cleared) together with any copy documents providing proof of your identity that we may request.
3.6 We shall inform you that your order has been placed within 7 days of placing it.
4. Delivery
4.1 The Scheduled Collection Date is shown on the order form. This is an estimate only and the Scheduled Collection Date may change depending on when your order is actually placed and the availability of the Vehicle that we are to source for you.
4.2 If after placing your order it comes to our attention that the Scheduled Collection Date for your Vehicle will be longer than the date shown on this order form we will tell you of this and the reason for the delay.
4.3 We will endeavour to deliver your Vehicle by the Scheduled Collection Date at the Collection/Delivery Point but we are not able to guarantee this. The reason for this is that there may be unforeseen circumstances that are beyond our reasonable control that delay delivery, for instance any delays by the manufacturer and/or the third party supplier. We cannot accept responsibility for the consequences of any such delays beyond our control and they will not give rise to any right for you to cancel the contract.
4.4 If we become aware of any delay to the Scheduled Collection Date or change to the Collection/Delivery Point which is out of our reasonable control then we will contact you and give you a revised Scheduled Collection Date and or Collection/Delivery Point for delivery.
4.5 Sometimes your vehicle may become ready for collection before the Scheduled Collection Date. In this event full payment is still required a minimum of 48 hours before the vehicle can be delivered.
4.6 The purchase price of the Vehicle assumes that you will use your Vehicle as a private Vehicle. For this reason if your Vehicle is used for business purposes by you, we cannot accept responsibility for any loss of profits that you may incur as a result of a breach of this Agency.
4.7 Most vehicles will be delivered on a trailer depending on delivery location. As a general rule delivery addresses less than 100 miles from the supplier will be driven, though method of delivery will be confirmed at the point of order.
5. Price
5.1 The purchase price for the Vehicle is set out on the order form
5.2 The purchase price includes one year's UK Road Tax, Value Added Tax, import costs, UK registration and manufacturer's warranty at the date of the order.
5.3 If the amount or rate of Road Tax and or Value Added Tax and or import costs (if applicable) and or UK registration increases between the date of order and delivery then you shall have to pay to us the amount that we must pay for these increases. We will tell you of these increases as soon as we become aware of them.
5.4 If the recommended price of the Vehicle is effected by exchange rate fluctuations, manufacturer or a third party supplier before the Vehicle is delivered to you, we will tell you of the increase in the price on receipt of the suppliers final invoice
5.5 Any increase of the recommended price of the Vehicle up to and including 5% shall be met by you.
5.6 If the increase is more than 5%, you shall have the right to cancel the contract to purchase the Vehicle by notifying us within 10 days of when we notify you of the increase. If you do not notify us within such time, you will be deemed to have accepted the increase.
5.7 If you do notify us of your decision to cancel the contract to purchase the Vehicle within the specified time limit, you acknowledge that we may need to arrange to sell the Vehicle to a third party if the manufacturer or third party supplier will not take back the Vehicle. Accordingly, we shall have up to 30 days from the date of receipt of your notification to sell the Vehicle to a third party.
5.8 A full refund of any monies paid by you prior to the date of receipt of your notification of cancellation shall be made by us no later than 14 days after the sale of the Vehicle to a third party or at the end of the 30 day period.
6. Alterations
6.1 Sometimes the manufacturer or third party supplier of your Vehicle may make changes to the specification of your Vehicle between the date of placing the order and the date of delivery.
6.2 Where these types of changes are made they are out of our reasonable control but where we become aware of any changes in specification we will let you know what these changes are and any impact they may have on the price of the Vehicle. If the price of the Vehicle does increase:
6.2.1 Where any such changes result on an increase of the purchase price of up to and including 5% you agree to accept those changes.
6.2.2 Where any such changes result in an increase of the purchase price which is more than 5% you will have the right to cancel the contract in accordance with the cancellation provisions relating to price set out in clause 5.
7. Payment
7.1 We will only place your order once we receive a deposit of £500 in cleared funds. This deposit is not refundable, unless you cancel in accordance with your cancellation rights as set out in these Terms and Conditions.
7.2 Unless we agree an alternative arrangement in writing you may be required to make full payment in cleared funds for the Vehicle at least 48 hours before the Scheduled Delivery Date.
7.3 Unless you and we have agreed otherwise in writing payment shall be in sterling.
7.4 Payment of a currency other than that agreed will be converted at a rate of exchange charged by our bank on the date of payment.
7.5 Provided we perform our obligations under this Agency agreement, you agree that you will make good and reimburse us against any additional charges that we may be forced to incur as a result of acting with reasonable care and skill within the scope of our authority as your agent. In legal terms this is called an indemnity, which you give to us.
7.6 Deposit payments can be paid by credit card, MasterCard or Visa, or cheque, and as with all other personal information, details are kept strictly confidential.
7.7 All credit and debit card transactions are either handled by a third party or on a secure server using a minimum of SSL/128-bit encryption.
8. Risk
8.1 Once the Vehicle has been delivered to the Collection/Delivery Point it will be your responsibility and you should ensure that you have it insured.
9. Employees/Authorised Representatives
9.1 It may be necessary for our employees or authorised representatives to drive your Vehicle.
9.2 We have insurance that allows them to drive your Vehicle.
10. Cancellation
10.1 You will be entering into a contract to purchase the Vehicle.
10.2 If you cancel your contract for any reason we shall be entitled to retain the deposit payment. This is not a cancellation penalty but represents a reasonable sum to cover our costs, expenses, and other administrative fees incurred due to the cancelled order.
11. Warranty
11.1 All new vehicles will benefit from the remainder of the Manufactures warranty (Normally 3 years) and you should ensure that you read the warranty and comply with its terms and conditions. A copy of the manufacturer's warranty can be obtained directly from the manufacturer upon request.
12. Notices
12.1 Any notice should be delivered by hand or sent by First Class Post or Recorded Delivery.
12.2 If a notice is sent by First Class Post it will be assumed to have been received two business days after posting.
12.3 We strongly recommend that you send any notices to Us by Recorded Delivery.
12.4 If sent by hand or Recorded Delivery to prove whether a notice has been delivered, you or we must produce a signed receipt.
12.5 If sent by post, you or we must prove that the communication was in an envelope, which was properly addressed, stamped and posted.
12.6 Our address for serving notices is AutoXdirect Ltd, Donnithorne, Collingwood Rise, Heathfield, East Sussex, TN21 8DL.
12.7 Your address will be the address shown on the order form.
13. Jurisdiction
13.1 The Terms and Conditions of the Agency will be governed by English Law. If there is a dispute, it will be dealt with in the English Courts.
14. Statutory Rights
14.1 This Vehicle Agreement does not affect your statutory rights as a consumer.
15. Third Party Rights
15.1 Nothing in these Terms and Conditions creates a right enforceable by a person who is not a party to a contract regulated by these Terms and Conditions.
16. Website Content
16.1 AutoXdirect or the developers of this website, The Development Studio, cannot accept responsibility for any errors or omissions in the displayed data.
16.2 Photos and pictures displayed on the website are for illustrative purposes only.
16.3 All prices are subject to confirmation. The display of a price does not constitute an offer for sale. Prices may also be subject to offer period and vehicle availability.
16.4 Savings shown are against manufacturer's list price or manufacturers list price when new.
16.5 To ensure the very best prices are always achieved, some vehicles may be unused pre-registered with delivery mileage.
17. Aftercare
17.1 Upon delivery you will have a checklist to make sure the vehicle has been supplied correctly and has all the relevant documentation.
17.2 In conjunction with your consumer rights you have up to 7 days to report any problems with the vehicle and return it to the manufacturer should the need arise.
17.3 All continuing care of the vehicle, warranty claims or servicing, can be done by any local dealer nationwide.
18. Complaints Procedure
18.1 AutoXdirect strives to attain excellent customer service at all times, should you have a complaint contact us either by telephone, post or email.
18.2 Any complaints will be responded to within 2 working days.
18.3 Should the complaint be with AutoXdirect itself, action will be taken within 7 working days of the complaint being made to rectify the situation.
18.4 Should the complaint be with the supplier, manufacturer or third party, AutoXdirect is happy to act as mediator in order to reach settlement for the issue as quickly as possible.
19. Privacy Policy
19.1 AutoXdirect do not send random marketing emails to personal email addresses (Spam).
19.2 Targeted marketing may be sent out in the future, but only to registered individuals who have stated they wish to receive marketing material from us.
19.3 Cookies are only used for registered users, upon their acceptance. The user can turn off this feature.
19.4 AutoXdirect conforms to the requirements of the Data Protection Act, 1998.