(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)
1. These terms and conditions, together with the details on the Order Form, are intended to contain all the terms of the agreement between us (as the vendor) and you (as the purchaser) relating to the sale and purchase of the Vehicle or Part(s) described on the Order Form (the ‘Goods’), hereinafter the ‘Agreement’. 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 the Agreement rather than a new agreement.
2. 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.
3. Where 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 the delivery of the Vehicle shall be construed accordingly. When the finance company purchases the Vehicle, clauses 4 to 5, 8 to 14 and 17 to 19 inclusive of the Agreement shall cease to apply. The provisions of the 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 the Agreement to the finance company on your behalf.
4. The Purchase Price is the price for the Goods, including where applicable accessories, vehicle excise duty, delivery and VAT, current at the date of 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.
5. If the Manufacturer or Concessionaire 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 the Agreement, in which case clause 13 shall apply. If we do not receive notice of cancellation within this period, the Purchase Price will be amended as proposed.
PART EXCHANGE VEHICLE
6. 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 or collected by us at the point we deliver your vehicle; 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. In the case of distance sales please refer to point f.
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.
e. Supplied to us with all documentation containing personal data removed from the vehicle, or your details redacted (with the exception of the V5), and car entertainment systems, satellite navigation systems and any other storage medium reset to factory settings to ensure all electronically stored data is deleted. This includes, but is not limited to; telephone directories, navigation data and other data which could identify you. Additionally, you agree that if personal data has been left in the vehicle, Vindis Group (as Data Controller) is not responsible for the control, use or any loss of that data.
f. If a physical appraisal has not been completed and the condition and/or mileage of the vehicle differs from that supplied. In cases where there is a difference, we reserve the right to amend the valuation or reject the part exchange
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 full Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price, or difference, before you can take delivery.
7. 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 a reduced Part Exchange Allowance and accept the Part Exchange Vehicle.
8. 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.
9. We may give you notice cancelling the Agreement at any time before delivery if the Manufacturer ceases to make the model or specification of goods, or if we are unable to obtain them from the importer or other supplier, and clause 13 will apply.
10. 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 either to substitute a reasonable equivalent or to delete the accessory from the 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.
11. If we fail to deliver the Goods within 30 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 13 will apply.
12. 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 agreed with us in advance. 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 14 will apply.
13. 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.
14. If we cancel the Agreement pursuant to clause 12, 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 sale 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 sale price and the additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within 7 days.
TRANSFER OF OWNERSHIP AND RISK
15. The Goods will continue to belong to us until the total Purchase Price has been paid in full. However, you will be responsible for any loss or damage from when they are delivered to you and should insure accordingly. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Goods. We accept payment for goods and/or services by credit card to a maximum of £5,000 per transaction. For debit card there is no limit.
16. 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’s warranty. The Manufacturer’s warranty is additional to your statutory rights and is not affected by any change of ownership of the Goods. Remedial work under warranty may be carried out by any 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.
17. If you are a consumer and this Agreement has been concluded (a) without any face to face contact between us or anyone acting on our respective behalves, or (b) in the simultaneous physical presence of you and us but in a place which is not the business premises of us, you may give notice cancelling this Agreement within 14 days of taking delivery of the Goods. To exercise the right to cancel, you must inform us in writing of your decision to cancel the Agreement (e.g. letter sent by post, fax or e-mail).
18. If you cancel the Agreement pursuant to clause 17, we will reimburse all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is a result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days after we receive back from you the Goods supplied or (if earlier) 14 days after you provide evidence that you have returned the Goods. We will make the reimbursement using the same method of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
19. You shall return the Goods without undue delay and in any event no later than 14 days after you communicate the cancellation of the Agreement to us. You will be responsible for the direct cost of returning the Goods but, in any event, such cost shall not exceed the sum of £500.00 (Five Hundred Pounds). You shall be responsible 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.
LIMITATION OF LIABILITY
21. Unless set out otherwise herein, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the 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 in this clause will not apply in cases of fraud, death or personal injury.
22. Unless otherwise stated in the Agreement, any notice to be given under the Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out on the Order Form and shall be deemed to have been received in due course of post.
JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION
23. The Agreement shall be governed by the laws of England. Vindis Group Ltd subscribe to the Motor Industry Code of Practice and will always attempt to resolve any disputes quickly and efficiently. However, if you are a consumer and remain dissatisfied with the outcome and explanation we have provided, we recommend you contact The Motor Ombudsman. The Motor Ombudsman is a member of the Chartered Trading Standards Institute approved consumer codes scheme and is a provider of Alternative Dispute Resolution (ADR), offering conciliation and arbitration. You can contact them via www.themotorombudsman.org or on their advice line 0345 241 3008. Their decision will be legally binding on both Vindis Group Ltd and you, as the consumer.
The Title in any goods or services does not pass to the customer until all monies are received in full and all cheques cleared. Nothing contained herein is designed to nor will it affect a customer’s statutory rights. Vehicle Sales: Please refer to your order form and our standard trading conditions. Service Sales: Please refer to conditions below. Parts Sales: Subject as detailed below all goods correctly supplied which are of satisfactory quality will not be accepted for credit unless returned within 14 days of issue quoting the invoice number overleaf. In such cases and where the parties contracted in person, the dealer has the right to refuse to accept any returns for credit or refund except where clause 16 below applies, all parts returned will be subject to a handling charge. Bespoke goods (i.e. unique to the customer or the vehicle) cannot be returned for credit or refund.
1. In these conditions "the Dealer" shall mean the Company (authorised by the Importer of Volkswagen and Audi vehicles, VOLKSWAGEN Group United Kingdom Limited to be an authorised Volkswagen & Audi dealer) by whom this form is used "the Customer" shall mean the person or body by or on whose behalf this form is signed on the reverse side hereof and "the Manufacturer" shall mean Volkswagen AG Wolfsburg Germany and subsidiaries thereof or its successors.
2. Where the Dealer contracts to carry out any Volkswagen Standard Inspection Service or Diagnostic Operation by name the Dealer’s liability shall be limited to the performance of such work as may be prescribed from time to time by the manufacturer or the Importer for the United Kingdom as coming within the scope of such operation.
3. All contracts with the Dealer shall be valid and binding only if made in writing upon the Dealer's Workshop Instructions Form and shall be subject to these conditions of business and no other. A contract shall exist when and only when the Dealer's Workshop Instructions Form has been signed by or on behalf of the Customer. No variation of any contract shall be valid unless agreed in writing and signed by or on behalf of the Customer and the Dealer.
4. The Dealer and its servants and agents are expressly authorised by the Customer to use the vehicle or vehicles referred to overleaf on the highway and elsewhere for all purposes in connection with the Inspection Service and Repair thereof.
5. All monies due to the Dealer in respect of Inspection Service or Repair operations carried out on the vehicle or vehicles referred to overleaf shall become payable when such operations are completed and the customer has been notified either overleaf or otherwise that the vehicle or vehicles are ready for collection. Unless otherwise agreed all payments to the Dealer shall be made before the vehicle or vehicles are released to the Customer.
6. The Customer acknowledges the Dealer to have a legal lien upon any vehicle or vehicles left with the Dealer for Service Inspection or Repair and upon the fittings or contents thereof for all monies due to the Dealer from the customer on any account.
7. Subject to the provisions of the Unfair Contract Terms Act 1977 and any amendment thereof vehicles and the components fittings and contents of vehicle are left with the Dealer entirely at the Customer's risk. The Dealer shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs howsoever occasioned and whether by reason of any act or default of the Dealer its servants agents or otherwise.
8. If, after the date of any contract made subject to these conditions of business but before payment is made by the Customer the recommended list prices of the Manufacturer or its United Kingdom importer for any work carried out or parts supplied shall rise, then the contract price shall rise accordingly notwithstanding the terms of any estimate or quotation the Dealer may have given.
9. Except in so far as liability may be placed upon the Dealer by the Unfair Contract Terms Act 1977 or in respect of a vehicle subject to the Manufacturer's Warranty or a replacement component fitted to a vehicle in the course of service or repair and similarly subject or by law no conditions or warranties are given or implied as to the quality of goods or services supplied by the Dealer or their fitness for any particular purpose whether such purpose shall be known to the Dealer or not. The Dealer will however without prejudice to its rights here under correct all faults in Inspection Service or Repairs operations carried out by the Dealer and occurring by reason of the Dealer's default or negligence and shown to be such to the Dealer's reasonable satisfaction.
10. All agreements made between the Dealer and the Customer, or as provided by the Unfair Contract Terms Act 1977 or similar enacted Legislation, Regulations and Directives, are personal to the Customer who shall not assign his rights or liabilities under an agreement made subject to these conditions.
11. If in the Dealer's reasonable opinion the operations ordered to be carried out by the Customer cannot be carried out without the vehicle or any part there of being washed or otherwise cleaned the cost of such washing or cleaning shall be chargeable to the Customer as if the same had been specifically ordered by him.
12. If the Customer shall become bankrupt or insolvent or make any arrangement with creditors or suffer a receiver of his effects to be appointed or being a body corporate enters into liquidation other than for the purpose of amalgamation or reconstruction the Dealer shall have the right to terminate any agreement with the Customer subject to these conditions and shall thenceforth cease to have any further obligation under the contract and the price for all work done and goods and services rendered by the Dealer shall immediately become payable.
13. If by reason of the Customer's instructions or lack of such instructions any vehicle or vehicles left with the Dealer for any Inspection Service or Repair operation are not collected by the Customer from the Dealer within 7 days of the Dealer's having notified the Customer either overleaf or otherwise that such operations have been completed the Dealer shall be at liberty to charge the Customer a reasonable daily sum for the storage of such vehicle or vehicles.
14. Subject to 15, the Dealer warrants that all genuine Volkswagen parts will be free of defects in material or workmanship for 24 months from sale by the Dealer. In respect of any other parts fitted or other Goods, the Dealer assigns to the Customer the benefits of the applicable manufacturer's warranty. The Dealer warrants its work free of defects in workmanship for a period of 12 months or 12,000 miles, whichever occurs sooner, from the date of completion of the work.
15. No warranty will apply if and to the extent that a defect is caused or worsened by one or more of the following, namely (a) a failure to inform the Dealer of the defect or to have it examined by the Dealer and a failure to give the Dealer the opportunity to remedy it; (b) if the Goods have been subjected to misuse, negligence or accident or used in a vehicle for racing, rallying or similar sports; (c) the installation of a part into Goods, the use of which has not been approved by Volkswagen AG or the alteration of Goods in a manner not approved by Volkswagen AG; (d) non-adherence to instructions concerning the treatment, maintenance and care of the Goods or a failure to have the relevant vehicle serviced in accordance with Volkswagen AG recommendations; or (e) the repair or maintenance of the Goods by a person other than a Dealer or a person authorised by Volkswagen UK Limited.
16. 'If this agreement has been concluded without any face to face contact between the Dealer and the Customer or anyone acting on their respective behalves, the Customer may give notice in writing cancelling this Agreement within 14 days of taking delivery of the goods or contracting for the service (always providing that such service has not been discharged by the Dealer), whereupon, in the case of goods, the Customer must either return them to the Dealer or make them available for the Dealer to collect at the Customer's expense. The Customer must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to the Customer until they are returned to the Dealer.'
17. The Dealer reserves the right to refuse to carry out any repairs, servicing or other works on any vehicle which, in their sole opinion, they consider to be unroadworthy or unsafe. Furthermore, the Dealer may refuse to carry out any works which may, in their sole opinion, render a vehicle unsafe or which may have a detrimental effect on other parts of the vehicle. Where the Dealer is undertaking works for the Customer and identifies, in its sole opinion, a need for further essential safety related repair, the Customer will be advised accordingly. Should the Customer decline to authorise such further repair, then the Customer will be required to sign the requisite documentation. Should the Customer refuse to sign such said requisite documentation, then the Customer will be obliged to arrange transportation of the vehicle from the Dealer's premises; in the alternative, the Dealer may arrange for the vehicle to be transported to the Customer's home address at the Customer's cost.'
All vehicles that are sold by the Vindis Group are subject to an administrative / preparation fee of £90 inc VAT. For new vehicles this charge covers the cost of mechanically preparing the vehicle for delivery, the administration of new ownership documentation and final preparation for customer handover.
For used vehicles, this charge covers a full history and provenance check prior to being advertised for sale ensuring no financial risk or charge has been levied against the vehicle, that the vehicle has never been written off or stolen and final preparation for customer handover.
Vindis Group believe this level of preparation is crucial in ensuring we provide the highest level of customer satisfaction, for which the Vindis Group is renowned for.