Please
read all these terms and conditions.
As we can accept your order and make a
legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with. If you are not sure about anything, just
phone us on +442036339008.
Application
- These Terms and Conditions will
apply to the purchase of the goods by you (the Customer or you) We are PRESTIGE CAR SALES
LIMITED a company registered in England and Wales under
number 11925005 whose registered office is
at , with email address [email protected]; telephone
number +442036339008 ;
fax number (the Supplier or us or we).
- These are the Terms on which we
sell all Goods to you. By ordering any of the Goods, you agree to be bound by
these Terms and Conditions.
Interpretation
- Consumer means an individual
acting for purposes which are wholly or mainly outside his or her trade,
business, craft or profession;
- Contract means the
legally-binding agreement between you and us for the sale and purchase of the
Goods;
- Delivery Location means the
Supplier’s premises or other location where the Goods are to be supplied, as
set out in the Order;
- Goods means any goods that
we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s
order for the Goods from the Supplier as set out in the Customer’s order or in the
Customer’s written acceptance of the Supplier’s quotation.
Goods
- The description of the Goods is
as set out in our website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may
be small discrepancies in colour or size.
- In the case of Goods made to
your special requirements, it is your responsibility to ensure that any
information you provide is accurate.
Basis of
Sale
- The description of the Goods in
our website, catalogues, brochures or other form of advertisement does not
constitute a contractual offer to sell the Goods.
- When an Order has been made, we
can reject it for any reason, although we will try to tell you the reason
without delay.
- A Contract will be formed for
the Goods ordered, only upon the
Supplier sending an email to the Customer saying that the Order has been
accepted or if earlier, the Supplier’s delivery of the Goods
to the Customer.
- Any quotation is valid for a
maximum period of 7 days from
its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract,
whether about description of the Goods, price or otherwise, can be made after
it has been entered into unless the variation is agreed by the Customer and the
Supplier in writing.
- We intend that these Terms and
Conditions apply only to a Contract entered into by you as a Consumer where we,
the Supplier and you the Customer, enter the Contract at any of the Supplier’s
business premises, and where the Contract is not a contract (i) for which an
offer was made by the Customer in the Supplier’s and the Customer’s simultaneous
physical presence away from those premises, or (ii) made immediately after the
Customer was personally and individually addressed in the Supplier’s and the
Customer’s simultaneous physical presence away from those premises. If this is
not the case, you must tell us, so that we can provide you with a different
contract with terms which are more appropriate to you and which might, in some
way, be better for you, eg by giving cancellation rights pursuant to consumer
protection law. Business premises means immovable retail premises where we
carry on business on a permanent basis or, in the case of movable retail
premises, on a usual basis.
Price and
Payment
- The price of the Goods and any
additional delivery or other charges for the Goods, and the total price of them
and the charges, is that set out in our price list current at the date we
accepted the Order or such other price as we may agree in writing.
- Prices and charges include VAT
at the rate applicable at the time of the Order.
- Payment for Goods must be made within days of
invoice. You must pay in cash or by submitting your credit or
debit card details with your Order and we can take payment immediately or
otherwise before delivery of the Goods.
Delivery
- We will deliver the Goods to
the Delivery Location by the time or within the period agreed, or failing any
agreement, without undue delay and, in any event, not more than 30 days after
the day on which the Contract is entered into.
- In any case, regardless of
events beyond our control, if we do not deliver the Goods on time, you can (in
addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the
Goods, or if delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or if you told us before the
Contract was made that delivery on time was essential; or
- after we have failed to deliver
on time, you have specified a later period which is appropriate to the
circumstances and we have not delivered within that period.
- If you treat the Contract at an
end, we will (in addition to other remedies) promptly return all payments made
under the Contract.
- If you were entitled to treat
the Contract at an end, but do not do so, you are not prevented from cancelling
the Order for any Goods or rejecting Goods that have been delivered and, if you
do this, we will (in addition to other remedies) without delay return all
payments made under the Contract for any such cancelled or rejected Goods. If
the Goods have been delivered, you must return them or allow us to collect them
from you and we will pay the costs of this.
- If any Goods form a commercial
unit (a unit is a commercial unit if division of the unit would materially
impair the value of the goods or the character of the unit) you cannot cancel
or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
- We do not generally deliver to
addresses outside England and Wales, Scotland, Northern Ireland, the Isle of
Man and Channels Islands. If, however, we accept an Order for delivery outside
that area, you may need to pay import duties or other taxes, as we will not pay
them.
- You agree we may deliver the
Goods in instalments if we suffer a shortage of stock or other genuine and fair
reason, subject to the above provisions and provided you are not liable for
extra charges.
- If you or your nominee fail,
through no fault of ours, to take delivery of the Goods at the Delivery
Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your
responsibility from the completion of delivery or Customer collection. You
must, if reasonably practicable, examine the Goods before accepting them.
Risk and
Title
- Risk of damage to, or loss of,
the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until
we have received payment in full. If full payment is overdue or a step occurs
towards your bankruptcy, we can choose, by notice to cancel any delivery and
end any right to use the Goods still owned by you, in which case you must
return them or allow us to collect them.
Withdrawal
- You can withdraw the Order by
telling us before the Contract is made, if you simply wish to change your mind
and without giving us a reason, and without incurring any liability.
Conformity and Guarantee
- We have a legal duty to supply
the Goods in conformity with the Contract, and will not have conformed if it
does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any
particular purpose for which you buy the Goods which, before the Contract is
made, you made known to us (unless you do not actually rely, or it is
unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform
if the failure has its origin in your materials.
- We will immediately, or within
a reasonable time, give you the benefit of the free guarantee given by the
manufacturer of the Goods. Details of the guarantee, including the name and
address of the manufacturer, the duration and territorial scope of the
guarantee, are set out in the manufacturer’s guarantee provided with the Goods.
This guarantee will take effect at the time the Goods are delivered, and will
not reduce your legal rights.
- We will provide the following
after-sales service: 6 months
warranty with Warranty Wise
Circumstances
beyond the control of either party
- In the event of any failure by
a party because of something beyond its reasonable control:
- the party will advise the other
party as soon as reasonably practicable; and
- the party’s obligations will be
suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not
reasonably avoid, but this will not affect the Customer’s above rights relating
to delivery.
Privacy
- Your privacy is critical to us.
We respect your privacy and comply with the General Data Protection Regulation
with regard to your personal information.
- These Terms and Conditions
should be read alongside, and are in addition to our policies, including our
privacy policy and cookies policy which can be found The policy can be found on our website.
- For the purposes of these Terms
and Conditions:
- ‘Data Protection Laws’ means
any applicable law relating to the processing of Personal Data, including, but
not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data
Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal
Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the
Personal Data we Process in providing the Goods to you.
- Where you supply Personal Data
to us so we can provide Goods to you, and we Process that Personal Data in the
course of providing the Goods to you, we will comply with our obligations
imposed by the Data Protection Laws:
- before or at the time of
collecting Personal Data, we will identify the purposes for which information
is being collected;
- we will only Process Personal
Data for the purposes identified;
- we will respect your rights in
relation to your Personal Data; and
- we will implement technical and
organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints
regarding data privacy, you can e-mail: [email protected]
Excluding
liability
- The Supplier does not exclude
liability for: (i) any fraudulent act or omission; or (ii) for death or
personal injury caused by negligence or breach of the Supplier’s other legal
obligations. Subject to this, the Supplier is not liable for(i) loss which was
not reasonably foreseeable to both parties at the time when the Contract was
made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft
or profession which would not be suffered by a Consumer because the Supplier
believes the Customer is not buying the Goods wholly or mainly for its
business, trade, craft or profession).
Governing
law, jurisdiction and complaints
- The Contract (including any
non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to
the jurisdiction of the courts of England
and Wales or, where the Customer lives in Scotland or Northern Ireland, in
the courts of respectively Scotland or
Northern Ireland.
- We try to avoid any dispute, so
we deal with complaints as follows: If
a dispute occurs customers should contact us directly. We will aim to respond
with an appropriate solution within 5 days.