Whilst Helston Garages Group makes every effort to ensure that the information contained in this website is accurate and current, we give no warranty or undertaking as to the quality, or freedom from error, of the contents of the website. The access or use by you of the contents of this website is entirely at your own risk. Helston Garages Group does not make any representation or warranty and expressly disclaims any and all such warranties and terms in respect of any products, services, information or materials.
- These terms and conditions, and the documents referred to herein, together with the details set out on the previous page(s), are intended to contain all the terms of the agreement between us (Helston Garages Ltd. and Group Companies) (a list of the Group Companies and brands under which we operate under can be found at www.helstongarages.co.uk) and you (as the purchaser) relating to the sale and purchase of the Vehicle, services or Part(s) described overleaf (the “Goods”), hereinafter the “Agreement". Please note that any reference to us, we or ours in this Agreement refers to Helston Garages Ltd and its Group Companies. Any reference to Group Companies includes Carrs of Exeter and Cornwall Trade Parts Specialists. If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new agreement. .
- You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied.
- If this Agreement relates to the purchase of a vehicle, you may arrange for a finance company to purchase it from us for the Purchase Price within 7 days of being notified that it is ready for delivery. The Vehicle will then be delivered to the order of such finance company and all references to delivery of the Vehicle shall be construed accordingly. When the finance company purchases the Vehicle, clauses 4 to 5, 8 to 15 and 18 to 20 inclusive of this Agreement shall cease to apply. The provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.
PAYING A RESERVATION FEE / BUYING ONLINE
- If you choose to reserve a car by paying a reservation fee, or purchase a car online, you will be asked to enter your personal details, address and payment card information. When you click on “submit payment”, the amount of the reservation fee or vehicle balance will be debited from your payment card immediately.
- After paying a reservation fee, or buying online, you will receive an email from us that acknowledges receipt. Please note that this does not mean that your reservation or purchase has been accepted. All reservations and online orders are subject to acceptance by us, as we need to check that the car has not already been sold or reserved by someone else. We will confirm our acceptance of your reservation or order by sending you a confirmation email.
- Your vehicle will be reserved for 48 hours. We will be in contact with you to discuss the next steps required to complete your purchase.
- If you decide not to purchase the vehicle, you can request a refund of the reservation fee at any time by contacting the selling dealership via telephone or submitting an enquiry via this website. You may be asked to provide written confirmation of your request for our records. Your payment will be refunded in full, usually within 5-10 days.
- The Purchase Price is the price for the Goods, including where applicable accessories, vehicle excise duty, delivery and VAT, current at the date of the order. If the rate or amount of VAT or vehicle excise duty changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
- If the Manufacturer or the importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you of any revision we propose to make to the Purchase Price. If we propose an increase in the Purchase Price, or a decrease which is less than the decrease in recommended price, you may give notice within 14 days cancelling this Agreement, in which case clause 14 shall apply. If we do not receive notice of cancellation within this period, the Purchase Price will be amended as proposed.
PART EXCHANGE VEHICLE
- If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Vehicle is: - (a) free from any hire purchase agreements, charges or other encumbrances (together “Encumbrances”) which you did not disclose to us before the date of order; (b) delivered to our place of business before we deliver the Goods to you; and (c) in the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us as it was when we examined it before agreeing the Part Exchange Allowance. (d) free from any problems or difficulties except those specifically brought to our attention when we agreed to accept the Part Exchange Vehicle; and you have full title to the Part Exchange Vehicle. If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or to allow the Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price before you can take delivery.
- If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount you disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Vehicle.
- Whilst we will endeavour to deliver the Goods by the estimated delivery date, we will not be liable for any claim for compensation of any description arising out of a delay in delivery due to reasons beyond our control. In the event of such a delay, we will contact you to agree an alternative delivery date.
- We may give you notice cancelling this Agreement at any time before delivery if the Manufacturer ceases to make the model or specification of the Goods, or if we are unable to obtain them from the importer or other supplier, and clause 14 will apply.
- If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer at your option either to substitute a reasonable equivalent or to delete the accessory from this Agreement and adjust the Purchase Price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory, and shall not be entitled to cancel the Agreement.
- If we fail to deliver the Goods within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 14 days of receipt of such notice, you may give us notice cancelling the Agreement and clause 14 will apply.
- We will inform you when the Goods are ready for delivery, and you must pay the Purchase Price (less any deposit and/or Part Exchange Allowance) and take delivery within 14 days of being so informed. All payments must be made by a method (such as payment card, automated payment, building society cheque, banker’s draft, cash, CHAPS etc.) agreed with us in advance. Where we have agreed to accept a personal cheque, the cheque must be received no less than five banking days before delivery. If you fail to pay the Purchase Price and take delivery within 21 days of being informed that the Goods are ready for delivery, we may give you notice cancelling the Agreement and clause 15 shall apply.
- If this Agreement relates to the purchase of a vehicle then, except as permitted by clause 3, you may not assign the Agreement to any other person and may not resell the vehicle for commercial purposes within four months of its delivery. A resale within that period shall be deemed to be for commercial purposes unless, at the date of the Agreement, you did not intend to resell the vehicle. You warrant that you have no such intention and, if we discover before delivery that this warranty is untrue, we may give you notice cancelling the Agreement, in which event clause 15 will apply.
- If we cancel the Agreement pursuant to clause 9, or if you cancel the Agreement pursuant to clauses 5 or 11, we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you.
- If we cancel the Agreement pursuant to clauses 12 or 13, we will endeavour to sell the Vehicle to another person. If it is not sold within a reasonable time, we will sell it at auction. Within 7 days of the date of sale, we will give you a statement showing the sales price and any additional costs we have incurred in reselling the Vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sales price and the additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within 7 days. We will provide copies of any receipts if you request them.
TRANSFER OF OWNERSHIP AND RISK
- The Goods will continue to belong to us until the total Purchase Price has been paid in full. You will, however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Goods.
- If the Goods are new, we undertake that any pre-delivery work specified by the Manufacturer will be carried out and they will be sold with the benefit of the Manufacturer Warranty. The Manufacturer Warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under the Manufacturer Warranty may also be carried out by any other dealer or service workshop in the European Economic Area authorised directly or indirectly by the Manufacturer, who may repair or replace any defective parts or (if he considers repair or replacement uneconomic) refund an appropriate part of the Purchase Price. We will supply you with a full copy of the Manufacturer Warranty terms on delivery of the Vehicle.
- If the Goods are used and being sold with a warranty in addition to the Sale of Goods Act this will be detailed overleaf on the “order form”. Full details of the warranty will be provided to you under separate cover.
- If the Goods are to be supplied by the Seller as roadworthy used goods at the date of delivery and the date of delivery and the sale of such goods is a Consumer Sale the following provision shall have effect:- (i) The Goods are sold subject to any conditions or warranties implied by the Sales of Goods Act 1979. (ii) Prior to signing this order form the Purchaser shall examine the vehicle and check the items set out in the Purchasers Certificate of examination overleaf. A14(2) of the Sale of Goods Act 1979 (merchantable quality) does not operate in relation to those defects which examination ought to reveal, nor to any defect notified by the Seller to the Purchaser prior to signing this contract
OFF-PREMISES CONTRACT / DISTANCE SALE
- If you are a consumer and if this Agreement has been concluded (a) under an organised distance sales or service-provision scheme without the simultaneous physical presence of you and us, with the exclusive use of one or more means of distance communication up to and including the time at which the Agreement is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods. To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If you cancel this Agreement subject to clause 20, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We will make a deduction for any mileage covered that exceeds 30miles since delivery. The 30 mile allowance is a recognition that no test drive was taken prior to the sale to determine the suitability of the vehicle purchased.
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or (c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- You shall send back the Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods. The cost is estimated at a maximum of approximately £500. You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we have the option of either returning the Part Exchange Vehicle or refunding the Part Exchange Allowance.
- If the Goods provided to you are not i) of satisfactory quality (Goods are of satisfactory quality if they are of a standard that a reasonable person would think of as satisfactory, considering the description of the goods, the price, and any other circumstances which may be relevant) ii) fit for purpose, iii) as described or iv) do not match a sample, you have 30 days to reject the Goods. This period starts on the date you receive or take ownership of the Goods. If the Goods are defective you can ask us to repair or replace the Goods. In the event it is not possible for us to repair or replace the Goods we shall either reduce the price of the Goods or you can choose to reject the Goods.
LIMITATION OF LIABILITY
- Unless set out otherwise below, we limit our liability for any breach of this Agreement (and for any other liability arising out of or connected to this Agreement) to the amount of the Purchase Price. We expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. The limitations of liability in this clause 21 do not apply in cases of fraud, death or personal injury.
- Unless stated otherwise in this Agreement any notice to be given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.
- Helston Garages Limited is a member of The Motor Ombudsman accreditation scheme. The Motor Ombudsman is a self-regulatory body, which was set up by the motor industry and operates a number of codes of practice. The Motor Ombudsman also offers an alternate dispute resolution process, which Helston Garages Limited participates in.
CONSENT AND MARKETING
GOVERNING LAW AND JURISDICTION
35. This Agreement shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the Courts of England.
For complaints relating to finance and insurance, please be aware that the Financial Ombudsman Service (FOS) offers eligible complainants a free independent service for resolving disputes.
You can contact the FOS in any of the following ways:
Financial Ombudsman Service
Harbour Exchange Square
0800 023 4567 (free for people calling from a ‘fixed line’)
0300 123 9 123 (free for mobile users who pay a charge for calls to numbers starting 01 or 02)
Further information about the FOS; including a description of eligible complainants can be found:
- In our ‘Complaint Procedure’. Download Complaints Procedure
- In FOS leaflet titled ‘Your Complaint and the Ombudsman’ which we can provide, alternatively it is available to download from the FOS website www.financial-ombudsman.org.uk
- On the FOS website.