Terms and Conditions
Premier Auto Solutions - Terms and conditions
The terms and conditions of our Contract with you are set out below, including an appendix for the capitalised keywords found throughout this document. The terms and conditions explain your rights and how we operate. By accessing our website www.premierautosolutions.co.uk or placing a Vehicle Purchase Order with us you are agreeing to the terms and conditions, stated below.
1. Ordering a Vehicle
2. Price and Payment
3. Delivery
4. Refund of Deposit
5. Cancelling or Changing the Order
6. Limitation of Our Liability
7. Amendments to these Conditions
8. Complaints
9. Governing Law and Jurisdiction
10. Statutory Rights
11. Privacy Policy
12. Use of website
Appendix
1. Ordering a new Vehicle
1.1 If you advise us you wish to purchase a Vehicle and it is available, we will send you a copy of the Vehicle Purchase Order, which will detail the specifications and Price.
1.2 If you decide to purchase the Vehicle, you must review and sign the Vehicle Purchase Order and return it to us together with the Deposit. By signing and returning the Vehicle Purchase Order together with the Deposit, you will be entering a binding Contract for the purchase of a Vehicle with the specifications at the agreed Price. We cannot guarantee the Price or the availability of the Vehicle throughout the purchasing process.
1.3 A Vehicle Order Confirmation will be sent to you, when we receive the signed and completed Vehicle Purchase Order.
2. Price and Payment
2.1 When returning a signed Vehicle Purchase Order you are required to pay us a minimum Deposit of £250. Certain Vehicles will require a higher Deposit amount. We will send you the final invoice or request the Initial Payment, when the Vehicle is ready for Delivery.
2.2 The outstanding balance (being the Price less the Deposit) shall be paid in pounds sterling within 7 days of receipt of the final invoice. Part exchange values may be considered. Payment must be made by an agreed method to our account with Lloyds TSB. We will not proceed with the Order until we receive the full balance amount into our account.
2.3 All Prices quoted in the Vehicle Purchase Order will, unless stated otherwise, include VAT, number plates, 12 months road fund licence (unless stated otherwise), Driven Delivery and the first registration fee.
2.4 All extra fees, especially in the case of credit cards, will be passed onto you in addition to the Price. Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We will perform validation and authorisation checks with the card issuer and reserve the right to refuse your Order where the card issuer refuses to authorise payment. Or where we have any other legitimate concerns about your payment.
2.5 Finance is available with our preferred providers. All offers of finance will be subject to status.
3.1 All Prices quoted include free driven delivery to mainland England and Wales. Transported Delivery, and Driven Delivery outside mainland England and Wales, may be subject to extra charge.
3.2 The Delivery date in your Vehicle Purchase Order is an estimated time it will take for the Car to be delivered to you. This may occasionally be subject to manufacturer and other delays and you acknowledge that Delivery may occur later. You will be entitled to cancel the Contract and receive repayment of your Deposit if Delivery has not taken place within 28 days of the estimated date unless agreed otherwise. Where delay is caused by circumstances beyond our control we will not be liable for any Damages related to the delay. IMPORTANT: where “Factory Order” is indicated in the estimated Delivery date on the Vehicle Purchase Order you accept that we have no control over the time that it takes for the factory to build the car you have ordered and as a consequence we are unable to give you a right of cancellation in the event of an extended delay in Delivery.
3.3 We will not be liable for any delay in the Delivery of the Car which is attributable to a Force Majeure event (this means a circumstance beyond our control.)
3.4 Should you request a delayed Delivery for any reason, we will do all that we reasonably can to store the Car for you until you are ready to take Delivery. In this circumstance you agree to pay for the storage of the Car in full. Please note, we may still require payment on the due date which may be prior to Delivery.
3.5 If you have specified a Delivery with Premier Auto Solutions, and you choose to
re-arrange or cancel such Delivery less than 48 hours before it is due to take place, please note that you may be subjected to a rearrangement fee of up to £100.
4.1 If we have taken a Deposit from you but are unable to send you a Vehicle Order Confirmation then we will return in full any Deposit paid by you to us, but we will be under no further liability whatsoever to you.
4.2 If the Order is cancelled by us due to a failure by you to take Delivery of the Car, or cancelled by you for any reason while we are not in breach of the Contract, then we shall be entitled to retain all or that part of the Deposit that is reasonable for us to cover the costs incurred by us which may include arranging transport, registration or resale of the Car.
4.3 If the Order is cancelled by you as a result of us breaching the conditions of the Contract, then you are entitled to a refund of your Deposit.
5. Cancelling or Changing the Order
5.1 After you have signed the Vehicle Purchase Order, the specifications and Price are fixed and may only change as follows:
5.1.1 where you request a change to the specifications and it is reasonably practicable for us to make those changes and you are willing to pay any corresponding increase in the Price. You acknowledge that the sooner you are able to communicate a change of preference to us then more likely we will be able to accommodate your wishes;
5.1.2 if, following an Order for a generic car model, the manufacturer changes the specifications or Price or model year then you will have the option either to accept the Car with the changed specifications, Price or model year (and pay any resulting increase to the Price) or to cancel the Order and receive your Deposit back in full.
5.1.3 if the cost of road fund licence or the rate of value added tax increases then you will be required to pay the increased amount.
5.2 We may cancel your Vehicle Purchase Order immediately by written notice if any of the following occurs:
5.2.1 the manufacturer ceases to make the type of Car you ordered;
5.2.2 the Vehicle Order has been formed upon the basis of a substantive error;
5.2.3 a Force Majeure event occurs ;
5.2.4 you materially breach any term of the Contract, including failure to make any payments when due; or
5.2.5 you fail, within 14 days of being asked to do so, to nominate an address for the Delivery of the Car to you, or you fail to take Delivery of the Car when Delivery is attempted by us at the address specified for Delivery in the Order, or you fail to ensure Collection has taken place within 14 days of the collection date agreed with you.
5.3 Please note that if we cancel your Vehicle Purchase Order pursuant to Clause 5.2.4 or 5.2.5 above, then we will do our best to find an alternative buyer for the Car. If we cannot find an alternative buyer, we reserve the right to forfeit some or all of your Deposit as compensation for any losses caused directly by your breach. Premier Auto Solutions will not be liable for any consequential loss incurred due to cancellation of Order and this may result in you receiving further charges if your Deposit does not suffice.
5.4 YOU may cancel your Vehicle Order if any of the following occurs:
5.4.1 we materially breach the Contract;
5.4.2 the Car does not match the specification of the Vehicle Purchase Order, for example the Car has incorrect specifications or Damage from transit, or (in respect of brand new cars only) mileage in excess of 250 miles on the clock (unless you have waived this and are having the Car driven to you);
5.4.3 the Vehicle Purchase Order has been formed upon the basis of a substantive error;
5.4.4 you choose to exercise your right to cancel in accordance with Clause 3.2 (excess delay in the Delivery of your Car); or
5.4.5 any of the circumstances outlined in Clauses 5.1.2 above (change of specifications or model year, or increase in Price by the manufacturer).
5.5 In addition, you have a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel your Order for any reason without charge. This cancellation right begins on the date of Delivery and ends on the expiry of the period of 7 working days from the date of Delivery. Any monies you have paid will be returned. You will not have a right to cancel if the Car has been made to your specification or clearly personalised. However, this would only apply if you wanted us to customise the Car beyond the pre-defined manufacturer specific options available.
5.6 If you exercise your right to cancel an Order after Delivery of the Car pursuant to Clause 5.4 or Clause 5.5, then:
5.6.1 you must inform Premier Auto Solutions at the time of Delivery. If the Car is rejected on Delivery then you must not accept delivery of the Vehicle.
6. Limitation of Our Liability
6.1 Our entire financial liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract to you in respect of:
. any breach of these Terms and Conditions;
i any use made by you of or resale by you of a Car; and
ii. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract, shall be limited to the Price, and we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, Damages, charges or expenses caused directly or indirectly by any delay in the Delivery of a Car (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.
6.2 Nothing in these conditions excludes or limits the liability of the Company:
iii. for death or personal injury caused by the Company’s negligence; or
iv. under section 2(3), Consumer Protection Act 1987; or
v. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
vi. for fraud or fraudulent misrepresentation.
6.3 We may on occasion offer you relevant products and services from our Suppliers, for example free motor insurance. If you do not wish for us to contact you via email, telephone or any other electronic means, please notify us by using the contact us section on our website. In addition, if you do not want us to pass your information on to third party companies, please notify us.
7. Amendments to these Conditions
These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Senior Representative of Premier Auto Solutions.
If you have any complaint about our service, please contact our customer services department by writing to Customer Services, Premier Auto Solutions, Unit 21, Burrel Road, St Ives Industrial Estate, Cambs, PE27 3LE or by email to customerservices@premierautosolutions.co.uk.
9. Governing Law and Jurisdiction
This Service Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then you and we hereby submit to the non-exclusive jurisdiction of the English Court, provided that you must bring court proceedings within the United Kingdom.
The terms of the Contract shall not affect your statutory rights.
11.1 For the Contract we will collect certain personal information relating to you (such as your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"). Premier Auto Solutions is committed to protecting your privacy. We understand that personal information is especially sensitive.
11.2 Personal Information will be processed by us for the purposes of:
. the Contract; and
i. to check your credit record with any credit reference agencies and for fraud prevention purposes should you decide to apply for finance.
11.3 By entering into a Contract, you consent to the processing and disclosure of the Personal Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to you.
11.4 We agree to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
11.5 If you wish to update or correct your Personal details or if you have any other comments in relation to the Vehicle Purchase Order please let us know by e-mail to customerservices@premierautosolutions.co.uk.
12.1 All material on the website is the property of Premier Auto Solutions. You may not reproduce part or all of the content of the website in any form unless it is for personal, non-commercial use. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
12.2 Premier Auto Solutions will make every effort to ensure that the content on the Website is accurate and will endeavour to make the website available at all times. This excludes any liability for any errors and omissions on the website or any loss caused by the use of or inability to use this site.
12.3 All car models pictured and described on the website are illustrative of the model generally, and may include optional extras, and should not be taken as representing the exact Car you may choose.
The below keywords used in these terms and conditions have the following meanings:
Clause - is a Clause within these Terms and Conditions.
Contract - is the Contract you have with us, which is governed by the terms and conditions stated above. By signing the Vehicle Purchase Order you will be agreeing to the terms and conditions, stated above.
Damage - is the Damage to the Car, which is beyond reasonable wear and tear.
Delivery - is the estimated date the Vehicle will be delivered. Please note this is subject to change.
Deposit - is the Initial Payment at the beginning of the agreement.
Force Majeure - means circumstances beyond our reasonable control including, without limitation, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, the insolvency of any of our suppliers, strikes or other labour disputes or restraints or delays affecting manufacturers or inability or delay in obtaining supplies of adequate or suitable cars, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to us to terminate the Contract
Initial Payment - is the Deposit amount.
Order - means the Order of a Vehicle by you from us pursuant to a Contract.
Price - this is the agreed amount you will pay to us for the purchase of the Vehicle.
Vehicle - is the Vehicle you want to purchase from us
Vehicle Order Confirmation – this confirms the details of the Vehicle you have purchased from us, including payments.
Vehicle Purchase Order - this is the form you must complete to place a Vehicle Order through us.
We, our and us – is Premier Auto Solutions whose registered office is Unit 21, Burrel Road, St Ives Industrial Estate, Cambs, PE27 3LE
You and your - is you, the Customer.
