Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

What's in these terms?

These terms tell you the rules for using our website https://www.randwcars.co.uk (our site), including to reserve a vehicle and/or book a test drive. You are responsible for ensuring that all persons who access our site through your internet connection are aware of, and comply with these terms of use and other applicable terms and conditions.

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25th May 2018.

Our site is made available free of charge. We do not guarantee that it, or any content on it, will always be available or be uninterrupted. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities, and we may suspend or withdraw or restrict the availability of all or any part of it at any time for business or operational reasons.

Please note that these terms do not apply to any contract for the purchase of the vehicle itself, nor to any contract for the provision of financial credit.

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

https://www.randwcars.co.uk is a site operated by R&W Cars. We are a limited company registered in England and Wales under company number 10777294 and have our registered office at 1 Club Way, Hampton, Peterborough, Cambridgeshire PE7 8JA. Our main trading address is 1 Club Way, Hampton, Peterborough, Cambridgeshire PE7 8JA. We are registered for VAT and our VAT number is 271747093.

To contact us, please email sales@randwcars.co.uk or telephone our customer service line on 01733 306026 or write to us at 1 Club Way, Hampton, Peterborough, Cambridgeshire PE7 8JA.

By using our site you accept these terms

By using our site to locate or reserve a vehicle or obtain finance quotes, you confirm that you accept these terms of use and that you agree to comply with them. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

If you do not agree to these terms, you must not use our site.

These terms apply to any contract which may be concluded between us for the reservation and/or test drive of a vehicle you have found on this site. They are intended to represent the entire agreement between you and us in relation to its subject matter. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase, and you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms. If you are a consumer and believe you have relied on any statement, promise or representation or assurance or warranty that is not set out in these terms, please contact us to clarify the position.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our terms and conditions of sale (available from R&W Cars), which set out the terms of any contract for the purchase of a vehicle.
  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which gives you information about the cookies on our site.

Do not rely on information on this site

  • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  • Any descriptions or illustrations on our site are for illustrative purposes only, and are published for the sole purpose of giving an approximate idea of the vehicles described in them. They will not form part of any contract or have any contractual force. We have made every effort to display the colours accurately, but we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicles.
  • Any part exchange valuations obtained on this site are only estimates, based on the information you have submitted. The actual valuation will be agreed after we have appraised the part exchange vehicle.
  • Any finance quotes obtained on this site are illustrative examples, based on the vehicle and the numbers you have submitted. Your application for finance will be processed by the finance company, not by us, and will take into account your personal credit rating so the actual finance quote may be different.
  • We reserve the right to amend the specification of any vehicle described on this site if required to do so by any applicable statutory or regulatory requirement, to implement minor technical adjustments and improvements, or if the amendment will not materially affect its nature or quality.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. You may use this site to reserve a vehicle or test drive from an address outside the United Kingdom, but we do not deliver vehicles outside the United Kingdom, and any test drives must take place at the address in the United Kingdom which we specify. Finance quotes are not applicable to persons residing outside the United Kingdom.

Reserving a vehicle or booking a test drive

Please follow the onscreen prompts to reserve your vehicle or book a test drive. You may do so only by using the method set out on the site. Each reservation or booking (Order) is an offer by you to pay our charges for reserving the vehicle until, or booking a test drive on, the agreed date, subject to these terms.

It is your responsibility to ensure that the terms of the Order are complete and accurate. Our reservation and booking process allows you to check and amend any errors before submitting the Order to us. Please check it carefully before submission.

You must pay the reservation or booking fee quoted on our site at the time you submit the Order, by PayPal or by using any of the following debit or credit cards: Visa, Mastercard or American Express. We will take your payment upon acceptance of the Order, and send you an electronic invoice. An administration fee may be levied for any failed or cancelled payments.

You must co-operate with us in all matters relating to the Order, and provide us with such information as we may reasonably require in order to fulfil the Order, and ensure that such information is complete and accurate in all material respects, and you hold a full UK driving licence on the date booked for the test drive.

After you submit the Order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that it has been accepted. Our acceptance of the Order will take place when we send an email to you to accept it (Confirmation), at which point and on which date a contract between you and us will come into existence. The contract will relate only to the reservation or booking confirmed in the Confirmation.

If we are unable to reserve the vehicle or offer you a test drive on the specified date, we will inform you of this by email and we will not process your order. This might be because the vehicle has already been sold, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the vehicle or because we are unable to meet an agreed deadline. If you have already paid for the Order, we will refund you the full amount paid.

If, despite our best efforts, the fee quoted on our site for the Order on the date you place the Order is incorrect and the correct price is less than the price stated on our site, we will charge the lower amount. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of confirming the Order at the correct price or cancelling the Order. We will not process the Order until we have your instructions. 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 in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the Order and refund you any sums you have paid.

We will use all reasonable endeavours to meet any dates specified in the Confirmation, but any such dates are not guaranteed and, whilst we will use all reasonable endeavours to notify you in advance if we are unable to ensure a vehicle is available for a test drive on the specified date and to agree a mutually convenient alternative date, you will have no rights or remedies against us if we fail to ensure a vehicle is so available.

If you fail to pay the amount due when placing the Order or to provide us with any required information, or if we are not satisfied you hold a full UK driving licence and are legally fit to drive the vehicle on the date booked for the test drive, we will be entitled to cancel the Order and require you to rearrange an alternative date for the test drive. In these circumstances, you will not be entitled to a refund of any reservation or booking fee paid, and may be required to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from failure.

If you wish to make a change to a date you have booked for a test drive, please contact us as soon as possible to book an alternative date. We may not be able to guarantee that the vehicle will still be available.

The reservation/booking fee is only a good faith deposit, and placing an Order does not guarantee we will not sell the vehicle to another customer before the reservation period has expired or before the date booked for your test drive. However, if we do so, we will, of course, refund the reservation/booking fee in full.

If you subsequently agree to purchase the vehicle, we may agree to credit the reservation/booking fee against the purchase price.

Cancelling your reservation or booking and obtaining a refund

If you are a consumer and the reservation or booking date is at least 14 days after you received the Confirmation, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receiving the Confirmation and receive a refund. However, if you cancel a reservation after the date of the Confirmation, we will only refund that part of the reservation fee which the period between the date we receive your cancellation and the end of the reservation period bears to the total period between the date of the Confirmation and the end of the reservation period. Due to the work which will be require to prepare the vehicle for a test drive, there is no right to any refund if you cancel a test drive booking less than 14 days before the booking date. There is, of course, no right to cancel and receive any refund after you have inspected and/or test driven the vehicle, even if the 14-day period is still running.

To cancel the Order, please complete the Cancellation Form (Available on request) and send to 1 Club Way, Hampton, Peterborough, Cambridgeshire PE7 8JA. We will email you to confirm we have received your cancellation.

Alternatively, you may telephone, email or write to us as described under "Who we are and how to contact us" above. If you are emailing us or writing to us, please include details of the Order to help us to identify it and your name and address. If you contact us to cancel by email or by post, then your cancellation is effective from the date you send the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

If you cancel the Order and are entitled to a refund of all or any part of the reservation fee you have paid, we will make the refund by the same method as you used for payment, as soon as possible and in any event within 14 days of your telling us you have changed your mind.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will arrange a new date for the test drive after the Event Outside Our Control is over. Provided we do this we will not be liable for delays caused by the event, but if the Event Outside Our Control has continued, or seems likely to continue, for more than 30 days, you may contact us to cancel the Order and receive a refund of any reservation or booking fee you have paid.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

You print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions.
  • Nothing in these terms limits or affects the exclusions and limitations set out in our Terms and Conditions of Sale (available from R&W Cars).
  • This section will survive the termination of any contract between us.

Only if you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, including without limitation the terms which might be implied in any contract for the sale of a vehicle by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from any contract between us.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
  • Subject to the previous paragraphs of this section, our total liability to you arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total amount payable by you under the contract.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact sales@randwcars.co.uk.

General provisions

Assignment and transfer: We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Waiver: If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Third party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.

Complaints: If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy (available from R&W Cars).

Alternative dispute resolution: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Trading Standards. You can find your local branch via their website. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and, if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Full Terms and Conditions

01. Acceptance of Terms

1. Welcome to the Terms and Conditions for R & W Cars ("Agreement"). By entering in to a contract with Us either by face to face transaction at one of Our Places of Business, or transacting using the R & W Cars website or any other form of Contract, You agree to abide by this Agreement and by Our Privacy Policy. These are legally binding agreements between You and Us.

02. Definitions

2. (a) "We", "Us", "Our" and "R & W Cars" shall refer Part Exchange Brokers Limited whose registered number is 10777294 and the registered office is, 6 Street Farm Barns, School Road, Tunstall, Suffolk, IP12 2JF.

(b) "You" and "Your" shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.

(c) "Goods" are used vehicles supplied by Us plus any ancillary products or services.

(d) "Secured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Hire Purchase, Personal Contract Purchase and any other form of funding provided by a Financial Institution that uses the Goods as a form of security.

(e) "Unsecured Finance" are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Personal Loan, Motor Loan and any other form of funding provided by a Financial Institution that does not require any security being invoked on the Goods.

(f) Satisfactory "Merchantable Quality" is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect Your rights pursuant to the CRA.

(g) "Payment Method" is by Bankers Draft, Credit/Debit card, Bank Transfer or Finance Company Transfer if a Secured Finance or Unsecured Finance agreement is in place. Cash payments in excess of £500 will only be accepted on the sole discretion of Us and may require a satisfactory source of funds verification to be made. Credit Card payments will only be accepted to a maximum value of £500. Card holder not present transactions will only be accepted up to a value of £1,000 and for payment of a deposit amount only.

(h) "CRA" is the Consumer Rights Act 2015.

(i) "Place of Business" represents any place where We trade with face to face interaction with You and Our Goods are presented for retail to the general public.

(j) It is not the company policy to conduct any transaction or contract that constitutes a "Distance Contract" nor any form of sale conducted by Us to You that does not include any face to face contact at some point up to the time of collection of the Goods from our premises at which point Our contract is concluded.

(k) "Specification" represents the accurate description of the vehicle make model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine; colour; wheel size; upholstery; equipment or other feature that has a material effect on the valuation of the vehicle.

(l) "Trade Customers" are customers who are themselves retailers of motor vehicles to third parties located either in the United Kingdom or overseas.

03. Data Protection and Your Privacy

3. Your 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.randwcars.co.uk or by clicking on the marketing choices link within any email or text sent to You in accordance with these Terms and Conditions.

04. Orders and Deposits

4. In You placing an order after an inspection by You, it enables Us to remove a vehicle from retail sale to the general public and allocate a Reserved Status. To do this a deposit is required from You and the amount of the deposit required, is subject to variation at the sole discretion of Us and will not be less than £100 per vehicle and typically £500. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 7 days.

In the event that the vehicle has not been inspected by You and You have created an appointment to do so, the vehicle status after the acceptance of the reservation deposit (amounts as mentioned above) will be "Reserved subject to viewing" meaning that it will be subjected to a series of checks and preparation, mechanically, cosmetically and an administration audit by Us and a firm commitment by You to view it.

You are entitled to a full refund of the deposit monies less any failed appointment charges as defined in clause 10. These monies will be returned by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.

In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have reserved a vehicle, You are entitled to a full refund of the deposit monies less any failed appointment charges as defined in clause 10. These monies will be returned to You by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.

05. Payment

5. 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.

06. Delivery

6. 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.

07. Delay in Delivery

7. We will use Our best endeavours to secure delivery of the Goods on the desired delivery date or dates in accordance with Clauses 6 and 7, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.

08. Transfer of Deposit

8. Not withstanding Your rights defined by clause 4 if You fail to pay and take delivery of the Goods within 7 days of notification that the Goods are available for delivery We shall be at liberty to treat the contract as repudiated by You. We shall then be entitled to dispose of the Goods and reserve the right to offset and recover from You, by way of damages, any loss or expense including storage and depreciation costs which We may suffer or incur as a result of Your default. These costs will typically be in line with Your initial deposit amount paid. The deposit can however be transferred by You in full to another vehicle on Your request at any time within the next 14 days from the point at which this contract is repudiated.

09. Administration Fees

09. During the purchase of any vehicle, should You arrange 3rdParty Finance of your own You will have to pay an Administration Fee of £99 to cover Our services for communication with non- finance participating organisations. Furthermore, in the event where You use CarFinance 24/7 whom imposes fees on us there will be an Administration Fee of £185 + VAT payable to Us by You that would be added to the advertised price of the car at the time of the sale.

10. Reserving a vehicle

10. We reserve the right to invoke a Failed Appointment Charge of up to the full value of the deposit as mention in clause 4 as per instance to compensate Us for costs incurred for a failure by You to meet an agreed appointment made with Us that was previously confirmed in writing (including email). Failed Appointment Charges will be waived should You provide in writing a minimum of 24 hours notice of Your inability to meet the agreed appointment. An appointment includes agreed dates and times to view a vehicle that has been ordered and also appointments to take delivery of the Goods.

11. Part Exchange

    11. Where We agree to allow part of the price of the Goods to be paid by You delivering a Part Exchange vehicle to Us, such Part Exchange vehicle shall be delivered and accepted upon the following conditions:
  • (a) That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 250 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in Part Exchange is subject to acceptance and confirmation in writing by Us. If You have used Our online valuation tool and/or telephonic conversation to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed valuation.
  • (b) That where the Part Exchange vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such settlement payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
  • (c) You will disclose to Us whether the Part Exchange vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
  • (d) If this agreement is cancelled after Your used vehicle has been delivered to Us, We later may cancel the agreement to purchase Your Part Exchange vehicle, provided that, if We have before cancellation sold or thereafter sell the Part Exchange vehicle You shall be entitled to the profit or shall bear the loss (as the case may be) on the resale of Your Part Exchange vehicle (in calculating this profit or loss Our reasonable selling expenses shall be taken into account).
  • (e) If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 11(b) or 11(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of You sending notice to cancel this agreement either under clause 12 or in line with Your statutory rights.
  • (f) That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 30 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said Part Exchange vehicle shall be subject to a reduction by an amount not exceeding 2½% devaluation plus storage, administration fees and reasonable losses incurred by US for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
  • (g) That if Your Part Exchange vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable), User manuals and any accessories there may be such as locking wheel nut, radio fascia or remote controls, We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 7 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
  • (h) That if Your Part Exchange vehicle, due to the vehicle age requires a valid MOT certificate which is not available, You must notify R & W Cars prior to delivery of Your vehicle to Us. Failure to do this will result in R & W Cars being unable to accept Your vehicle and We will treat this as a failed appointment invoking clause 10 of this agreement.
  • (i) If We buy a Part Exchange vehicle from You, We will be relying upon Your representation that;
  • You are legally capable of entering in to a binding contract to sell the vehicle
  • You are at least 18 years old
  • To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle (subject to clause 11 (c)), the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or major damage), and the vehicle is registered in the UK.
  • In the event that We discover at any time that any of the above representations are (or are likely to be) inaccurate, untrue or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are untrue or false. In addition, We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.

12. Notices and Complaints

12. In order to serve notice to Us to invoke Your rights to return Your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of the General Manager at the address shown on Your invoice. In Your complaint please make it clear the nature of Your complaint, the registration of Your vehicle (if relevant) and Your contact details.

  • (a) Our dedicated Customer Service team will try to resolve Your concerns as soon as possible, usually before the end of the next working day. If this isn't possible We will contact You within 5 working days to explain what We are doing and when You can expect a resolution.
  • (b) Within 8 weeks We will call or write to You either with a final response advising You of our findings, or an update on our investigations and confirmation of when We expect to be able to provide a final response, if appropriate.
  • (c) In certain circumstances, if You are unhappy with Our final response or We do not issue You with a final response in writing within 8 weeks of You contacting us with Your concerns, You may be able to refer Your complaint to the Financial Ombudsman Service or an Alternative Dispute Resolution service. Details of Your rights will be provided to You as appropriate in Your case. If You wish to refer Your complaint to the Financial Ombudsman Service, this must be done within 6 months of Our final response letter.

  • Financial Ombudsman Service
  • Exchange Tower
  • London
  • E14 9SR
  • 0300 123 9123
    complaint.info@financial-ombudsman.org.uk
  • ADR Service
  • National Conciliation
  • Service.2-3 Allerton Road
  • Rugby
  • CV23 0PA
  • 01788 538317
  • Website for online enquiry: www.nationalconciliationservice.co.uk

  • (d) In Our final response letter We will indicate whether in Our view Your complaint may be suitable for consideration by the Financial Ombudsman Service or Alternative Dispute Resolution Service.

13. Returns and Reconciliation Exchanges

    13.In the event that R & W Cars should agree to accept a vehicle as a return during the first 30 days due to You invoking your rights under the CRA We reserve Our rights under the Act without prejudice and the following will apply:
  • a) There is a duty of care for You to return the Goods to Our place of business at the address at the time of the original delivery in a condition commensurate with that at the time of delivery. We will inspect the goods at the time of return and We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of the return.
  • (b) All vehicles returned will be subject to a returns fee of £149 which represents the non-refundable administration fee.
  • c) A usage charge will be applied relating to the mileage that the vehicle has been driven under Your ownership, representing the increase in miles during the period between delivery of the vehicle to You and the subsequent return of the vehicle, as evidenced by the odometer at the time of return and the original mileage as documented at the point of delivery. The mileage charge will be;
  • Miles Driven
  • Usage Charge
  • 0-100 miles
  • No charge
  • over 100 miles
  • £50 plus £2 per each additional mile
  • For illustration, a vehicle driven 100 miles will incur no usage charge. A vehicle driven 110 miles would incur a usage charge of £70 (£50 plus £2 x 10 miles).
  • (d) If We agree or are forced to recover the vehicle We reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our closest Place of Business to Your place of residence. These charges will also be subject to VAT.
  • (e) The V5 registration document provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to do so the costs of making alternative arrangement will be added to the Administration fee
  • (f) All other documentation provided with the Goods (apart from the V5 registration document) at time of delivery is also returned at the same time as the Goods. If You fail to do so We will request security is provided in accordance with clause 11(g).
  • (g) An agreed location, date and time for a return or collection of a vehicle will be made in writing between You and Us which will be no more than 7 days from the notification by You of the return. If You fail to return the goods at the agreed time We reserve the right to charge a Failed Appointment Charge in accordance with clause 10.
  • (h) To facilitate the Reconciliation Policy, We will identify with You a suitable vehicle for You to exchange Your vehicle for. Where the replacement vehicle is of interest, then We reserve the right to invoke clause 10 for viewing prior to acceptance of the exchange.
  • (i) Once a suitable replacement vehicle has been selected by You , We will transfer to the replacement vehicle any amounts due after adjusting for the returns fee, usage charges or other charges as a deposit on Your replacement vehicle.
  • (j) You will be liable for any shortfall between the deposit and purchase price for the replacement vehicle. Where Your deposit exceeds the purchase price for Your replacement vehicle We will refund to You the difference.
  • (k) We will cancel any additional products You have purchased with Your exchanged vehicle and transfer them to Your replacement vehicle where this is relevant. Where this is not relevant We will cancel the products, and refund You any amounts in line with the relevant terms of those products.
  • (l) Where You have purchased Paint Protection for your exchanged vehicle no refund will be made.
  • (m) If Your exchanged vehicle was purchased using a line of credit organised by Us then We will work with Your lender to secure a new line of credit to fund Your replacement vehicle. In circumstances where We cannot secure a line of credit for Your replacement vehicle then the Exchange Policy will be deemed as void.
  • (n) Where You have successfully invoked the Exchange policy, Your replacement vehicle will be exempt from this exchange policy as described in these terms under section 13(h).
  • (o) In the event whereby You raise a chargeback through the business policies as interpreted by a Banking Card provider and your funds are returned by them, ownership of the Goods reverts to Us with immediate effect. In this instance all of the above will apply together with the further caution, should the Goods not be returned to our place of business from where it was collected within 7 days, fraud charges will be made regarding the illegal possession of our Goods. We also reserve the right to recover from you the above costs in this clause together with further Legal and other logistical recovery expenses.

14. Pricing Errors

14. Whilst We try to ensure that all the prices on the R & W Cars 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).

15. Description Errors

    15. R & W Cars has made every effort to ensure the accuracy of the information contained in the website and other media however;
  • (a) 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. R & W Cars 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.
  • (b) All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumption. Under normal use the vehicles actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition.
  • (c) 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 statutory 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.
  • (d) 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.

16. Other

16. In addition to Our rigorous cosmetic inspection, mechanical inspection and road test to ensure every vehicle reaches Our standards, We also ensure the minimum legal roadworthy standards for all our deliveries at the end of the preparation process. The terms and conditions above do not abrogate or derogate from the rights afforded to You by the CRA, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights. 25. Part Exchange Brokers Limited Limited T/A R & W Cars, are authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit activities. Our Firm Registration Numbers (FRN) is 782312.

17. Jurisdiction

17. 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. *