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Alpine Centre Winchester
Easton Lane,
Winnall,
Winchester,
SO23 7SL

Sales: 01962 810000

Location Details

Reading Dacia
106 Bath Road,
Reading,
RG30 2EU

Sales: 0118 214 2800

Location Details

Winchester Dacia
Easton Lane,
Winnall,
Winchester,
SO23 7SL

Sales: 01962 810000

Location Details

Winchester Renault
Easton Lane,
Winnall,
Winchester,
SO23 7SL

Sales: 01962 810000

Location Details

Camberley Volkswagen
117 London Road,
Camberley,
GU15 3LG

Sales: 01276 691200

Location Details

Andover Volkswagen
50 London Street,
Andover,
SP10 2PE

Sales: 01264 355200

Location Details

Skoda Basingstoke Approved Repair Centre
Skoda Basingstoke Approved Repair Centre,
Hatch,
Basingstoke,
RG24 7NZ

Sales: 01256 867050

Location Details

Jaecoo
Easton Lane,
Winnall,
Winchester,
SO23 7SL

Sales: 01962810000

Location Details

OMODA
Easton Lane,
Winnall,
Winchester,
SO23 7SL

Sales: 01962810000

Location Details

Used car shortlist

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Terms and conditions

Welcome to www.martins.uk.com (the "Website"). If you continue to browse and use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy (the " Privacy Policy") and our cookie policy (the "Cookie Policy") govern the relationship between you and Martins Group Limited (the "Company") in relation to the Website (together with the "Conditions"). If you do not accept the Conditions, please do not use the Website.

1 Introduction

1.1 The terms "us" or "we" refer to the Company, which is registered in England and Wales under number 1426887 with its registered office at London Road, Hatch, Basingstoke, Hampshire, RG24 7NZ.

Our VAT number is 314 3543 86. We subscribe to the Motor Industry Code of Practice (Service and Repairs); The term " you" refers to the user or viewer of the Website.

1.2 You may access most areas of the Website without registering your details with us.

1.3 By accessing any part of the Website, you shall be deemed to have accepted the Conditions in full. If you do not accept any part of the Conditions, you must leave the Website immediately.

1.4 The Company may revise the Conditions at any time by updating this posting. You should check the Website from time to time to review the then current Conditions because they are binding on you. Certain provisions of the Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

 

2 Licence

2.1 The Website contains material, including without limitation, text, images, photographs the browsing system, design, layout, look, appearance, and graphics, which are protected by copyright and/or other intellectual property rights. Unless otherwise stated, all intellectual property rights on the Website (including without limitation copyright) are owned by the Company or its licensors.

2.2 You are permitted to print and download extracts from the Website for your personal use on the following basis:

2.2.1 no documents or related graphics on the Website are modified in any way;

2.2.2 no graphics on the Website are used separately from the corresponding text; and

2.2.3 the Company’s copyright and trademark notices and this permission notice appear in all copies.

2.3 Any use of extracts from the Website other than in accordance with Condition 2.2 for any purpose is prohibited. If you breach any of the Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.4 Subject to Condition 2.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.5 Any rights not expressly granted in the Conditions are reserved.

 

3 Service Access

3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond the Company’s control.

 

4 Visitor Material and Conduct

4.1 While we try to make sure that the Website is secure, we do not actively monitor or check whether the information supplied to us through the Website is confidential, commercially sensitive, or valuable.

4.2 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

4.3 You are prohibited from posting or transmitting to or from the Website any material:

4.3.1 which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; or

4.3.2 for which you have not obtained all necessary licenses and/or approvals; or

4.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

4.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.4 You may not misuse the Website (including, without limitation, by hacking).

4.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of Conditions 4.3 or 4.4.

 

5 Privacy Policy and Cookies

5.1 We are committed to protecting your privacy. Our Privacy Policy sets out how we will use your personal data (as defined in our Privacy Policy). When you submit any such personal data to us, you are giving your consent to the collection, use and disclosure of such personal data as set forth in our Privacy Policy.

5.2 This Website uses cookies to help make it more useful and reliable. Our Cookie Policy explains what they are, which ones we use, and how you can manage or remove them.

 

6 Links to and From Other Websites

6.1 Links to third party websites on the Website are provided solely for your convenience only. If you use these links, you leave the Website. The Company has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. The Company, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

6.2 If you would like to link to the Website, you may only do so with the Company’s prior written consent, and on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

6.2.1 you do not remove, distort or otherwise alter the size or appearance of the Martins Group logo;

6.2.2 you do not create a frame or any other browser or border environment around the Website;

6.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;

6.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;

6.2.5 you do not otherwise use any of the Martins Group’s trade marks displayed on the Website without express written permission from the Company;

6.2.6 you do not link from a website that is not owned by you; and

6.2.7 your website does not contain content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 The Company expressly reserves the right to revoke the right granted in Condition 6.2 for breach of any of these Conditions and to take any action it deems appropriate.

6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of Condition 6.2.

 

7 Registration

7.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.

7.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

7.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.

7.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

7.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at: Privacy & Legal | Hampshire | Martins Group

 

8 Infringing Content

8.1 We will use reasonable efforts to:

8.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Conditions; and

8.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of acceptable use of the Website when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

8.2 If you believe that any content which is distributed or published by the Website is inappropriate, defamatory, or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

 

9 Accuracy of Information and Availability of the Website

9.1 We try to make sure that the Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.

9.2 We may suspend or terminate access or operation of the Website at any time as we see fit.

9.3 Any content is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites that may be of interest, but have not been tailored to your specific requirements or circumstances. It does not constitute technical,

financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our website and its content.

9.4 While we try to make sure that the Website is available for your use, we do not promise that the Website will be available at all times or that your use of the Website will be uninterrupted.

 

10 Disclaimer

10.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described on it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

10.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Conditions, might have effect in relation to the Website.

10.3 The Dealer does not accept any of the following methods of payment when placing an Order on the website: cash, personal cheques, business cards, banker’s drafts, or building society cheques and Amex.

 

11. Place of Delivery

11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

11.2 In the event of cancellation, for any reason, the Customer agrees to return the Goods to the Dealer’s premises.

 

12. Repudiation by Customer

12.1 If the Customer does not pay for and take delivery of the vehicle within 14 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer shall sell the vehicle to another person. The Dealer will refund the

deposit but before doing so, they are entitled to recover from the deposit the additional costs they incur in re-selling the vehicle, plus any reduction in the sales price achieved. The Dealer shall keep the deposit whilst they display and advertise the vehicle as being for sale. If it is not sold within a reasonable time the Dealer shall sell it at auction.

12.2 Once the Dealer has sold the vehicle, they shall notify the Customer within 7 days as to how much they have lost as a result of having to re-sell. If this amount is less than the deposit, then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the customer owes the Dealer to make good the loss. The Dealer will provide copies of any receipts if the Customer requests them.

12.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

 

13. Loss or Damage

13.1 The Dealer shall not be responsible for the loss of or damage to any vehicle or its contents, Vehicles and their contents are left entirely at the Customer`s own risk. Customers are strongly advised to remove any items of value from their Vehicle and in respect of any loss or damage you must rely upon your own Insurance.

 

14. Return of Deposit

14.1 The Deposit will be refunded subject to us being able to cancel the contract with the manufacture. If the contract is cancelled the deposit shall be returned to the Customer in the same format that the payment was made, and the Dealer shall be under no further liability. 

 

15. Retention of Title and Risk

15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.

15.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.

15.3 Until the Customer becomes the owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner that makes them readily identifiable as the goods of the Dealer.

15.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything, or fail to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a winding-up petition.

15.5 Should the Customer’s right of possession cease they will notify the Dealer and immediately make the goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.

15.6 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not, and that the entire proceeds thereof are held in trust

for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.

 

16. Right of Lien

16.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

 

17. Part Exchange

17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the Customer delivering a used Vehicle (s) in part exchange to the Dealer in consideration of such allowance it is hereby agreed to be given and received and such used Vehicle (s) is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Goods and upon the following further conditions.

17.2 The valuation of the used Vehicle given is indicative only, based on the information the Customer has provided and may change if any of the information is incorrect.

17.3 The Customer warrants and agrees that all information that the Customer submits in relation to the used Vehicle is accurate and correct and is in no way false or misleading. Should any information later transpire to be false, misleading, or inaccurate in any way, the valuation provided will be null and void.

17.4 If the Customer wishes to provide the Dealer with a used Vehicle in full or partial consideration for the value of the Customer’s Vehicle, the Customer must be the registered owner of the Vehicle, and the Vehicle must be free from all encumbrances. If the used Vehicle is subject to outstanding finance, clause 17.9 and 17.11 apply.

17.5 Vehicle valuations are provided by the Dealer’s partner, British Car Auctions and are based on market activity at the time of completion of the valuation. Subsequent valuations for the same used Vehicle may return a different valuation.

17.6 In calculating the valuation of the used Vehicle, the Dealer has made the following assumptions, therefore the Customer certifies and warrants that:

1. the used Vehicle is not the subject of any hire purchase agreement, lien or other encumbrance, except (if applicable) any finance settlement detailed in clause 17.9;

2. the used Vehicle’s mileage recorded on the vehicle appraisal form is accurate and correct;

3. the Customer’s Vehicle has not sustained any serious damage or been categorised as an insurance total loss (C/D/S/N);

4. the used Vehicle was first registered as new in the UK;

5. the used Vehicle has not been used as a taxi, private hire, chauffeur or rental purposes, driving tuition or as a police vehicle or used by a local authority;

6. the used Vehicle has not been modified, either for appearance or performance.

7. the odometer reading is accurate.

8. the used Vehicle service history is as shown on the vehicle appraisal form;

9. the used Vehicle has a current MOT certificate

10. there are no noticeable problems with the used Vehicle ’s steering, transmission, clutch, gearbox, suspension, or brakes and all electrical items are functioning as expected.

11. the used Vehicle has no known major mechanical defects; or

12. the tires fitted to the used Vehicle meet the minimum legal standards.

If any of these assumptions do not apply to the Customer’s Vehicle then the valuation estimate will not be accurate and subject to a later review by the Dealer upon receipt of the Customer’s Part Exchange.

17.6 The Customer must provide the Dealer with any information regarding the Part Exchange which the Dealer may reasonably request.

17.8 The Dealer will also inspect and test-drive the Customer’s Vehicle upon receipt to confirm the Part Exchange valuation is accurate.

17.9 If The Customer’s Part Exchange has outstanding finance, the Customer must declare this to the Dealer when providing details of the Customer’s Part Exchange. The Customer must provide accurate information about the Customer’s finance provider and the settlement figure.

17.10 To use the Customer’s Part Exchange with outstanding finance to contribute towards the purchase of the Customer’s Vehicle:

17.10.1 The Customer must have a settlement letter from the Customer’s finance provider that is valid for not less than 7 days after the date of Delivery or Collection of the Customer’s Vehicle: and

17.10.2 If the amount of the outstanding finance exceeds our valuation of the Customer’s Part Exchange, the Customer must pay the Dealer the difference (the “Negative Equity Amount”), or if the Customer is buying with finance, the Customer’s deposit will need to be greater than the Negative Equity Amount.

17.11 The Dealer does not have existing relationships with all vehicle finance providers. So, if the Customer’s Part Exchange has outstanding finance, the Dealer might need the Customer’s help contacting the Customer’s finance provider to clear the outstanding finance on the Customer’s Part Exchange, both before and after the Customer’s hand over of the Customer’s Part Exchange to the Dealer. The Customer agrees to provide any information and assistance that the Dealer reasonably requests to do this. If the Customer’s finance provider refuses or otherwise fails to clear the outstanding finance on the Customer’s Part Exchange, the Dealer may require the Customer to make an additional cash payment equal to the outstanding finance amount or to return the Customer’s Vehicle to the Dealer. The Dealer will contact the Customer if this happens.

17.12 For the avoidance of doubt, the Dealer is entitled to amend any valuation for, or reject, a Part Exchange for any reason, including but not limited to circumstances where a Part Exchange:

1. has changed condition since the Dealer provided the Part Exchange valuation or the condition of the Part Exchange does not match the description given by the Customer;

2. has a discrepancy in the recorded mileage or the legal registration or chassis number;

3. has been in a major accident or is categorised as insurance category C or D, or has been subject to a total loss claim;

4. any other issue is identified by an HPI check or equivalent car history check on the Part Exchange;

5. is not The Customer’s property to dispose of or the Customer does not have the right to sell it;

6. is missing or has an incomplete V5C registration document or such documentation is not in the Customer’s name;

7. still has a finance marker on it at the point of pickup or the amount of outstanding finance is different from the amount the Customer subscribed.

8. is an imported vehicle (e.g. left-hand drive) or was not first registered in the UK;

9. has been used for taxi, private hire, chauffeur or rental purposes, driving tuition or as a police vehicle or used by a local authority;

10. does not have a valid MOT or is due for a service in the next 100 miles;

11. if the Customer’s Vehicle has suffered serious accident damage;

12. The Customer is not the sole owner of the Part Exchange Vehicle; or

13. has any mechanical or electrical fault (including or not limited to problems with steering, transmission, clutch, gearbox, suspension or brakes).

17.13 When handing over a Part Exchange to the Dealer, the Customer must provide the below, without which the Dealer will not accept the Part Exchange:

1. hard copy evidence of the service history;

2. book pack;

3. parcel shelf;

4. two working keys;

5. V5C registration documentation; and

6. any extras that the Dealer will need such as the locking wheel nut for the alloy wheels and any security codes associated with the Part Exchange.

17.14 If the Dealer has examined the said used vehicle prior to their confirmation and acceptance of this order, the used Vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).

17.15 The used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely. The Customer permits and authorises the Dealer to transfer from the Customer to the Dealer the “registered keeper” title in the V5C documentation for the Part Exchange.

17.16 Without prejudice to 17.15 above, the used Vehicle shall be delivered to the Dealer within 14 days of notification to the Customer that the Goods to be supplied by the Dealer are available for Delivery.

17.15 If the Customer is keeping the Customer’s personalised number plate, the Customer must fit the original number plate to the Vehicle and the Customer must ensure the new V5C matches the registration plate that will be on the car when delivered to the Dealer. If the Customer needs to get an updated V5C the Customer will need to allow up to 2 working weeks for it to be sent to

the Customer. Otherwise, the Dealer may need to postpone the Customer’s Vehicle handover date (collection or delivery).

17.16 The Dealer does not store any Part Exchange Vehicles. If the Customer exercises the Customer’s rights under the 14-Day Money Back Guarantee or the Customer’s right of cancellation, or if the Customer exercises statutory withdrawal or cancellation rights, the Dealer is not able to return the Part Exchange and will instead refund to the Customer the monetary value of the Part

Exchange (less any appropriate deductions that the Dealer is permitted to make and less any deductions and Negative Equity Amount made to settle any outstanding finance on the Customer’s Part Exchange).

17.17 If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date

of the expiry of the first-mentioned 30 days, to the date of delivery to the Customer of the Goods.

17.18 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.17 above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

 

18. Authority to Contract

18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.

 

19. Authority to Uplift

19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

 

20. Authority to Drive

20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer’s drivers shall be entitled to drive the Vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

 

21. Finance

21.1 The Customer may be eligible to pay for the Vehicle on finance through the Dealer’s third-party finance providers. If the Customer chooses to apply for finance, a finance application will be made. The Customer’s personal information (including financial information) will be shared with the Dealer’s third-party finance providers.

21.2 The Dealer acts as a credit broker and an intermediary for general insurance products but not as a lender. Please note that finance agreements are governed by the finance provider’s own terms and conditions and the Customer will need to enter into a separate agreement with the finance provider. The finance provider’s term will be provided when the Customer e-signs the finance documents.

21.3 Notwithstanding the provisions of this agreement, if the Customer chooses to pay for the Vehicle with finance through their own finance provider, the Customer shall be at liberty before the expiry of 7 days after notification to them that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable

Hereunder, provided the Third-Party Finance Provider is contained within the Dealer’s approved list. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have effect but any Used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance upon the conditions set forth in clause 17 above (save that in 17.15, 17.16 and 17.17 thereof all reference to “delivery” or “delivered” in relation to the Goods shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by them under this agreement.

21.4 If the Customer enters into a finance agreement with their own finance provider, the Customer undertakes to register as the keeper/owner of the Vehicle as soon as possible following Delivery or Collection (as applicable) of the Vehicle.

21.5 Due to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if a Customer wishes to make an off-premises purchase for a Vehicle using Dealer’s third-party finance, then where the amount financed exceeds £60,260, the Customer will be required to attend one of the Dealer’s physical sites to sign the finance agreement.

21.6 If the Customer finances the Vehicle through a third-party finance provider, the Dealer will no longer sell the Vehicle to The Customer. The Customer will instead enter into a contract on the terms of the finance agreement and be bound by the finance provider’s terms and conditions. The finance provider will own the Vehicle until the Customer gets title to it under the terms of the finance agreement.

 

22. Notices

22.1 All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown overleaf.

 

23. Export Outside EU

23.1 The Dealer reserves the right to cancel this order if it believes that;

23.1.1 the Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months; or

23.1.2 where the Customer is a corporation, and its place of business is not within the European Union; or

23.1.3 where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end-user or they are, and such end-user is not resident nor has its place of business within the European Union.

23.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs, or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (Whether directly or indirectly through any third party) the Goods outside the European Union.

23.4 To ensure it complies with its contractual obligations to manufacturing partners the Dealer will carry out due diligence checks on all its customers and would ask that customers confirm they will not resell, nor export vehicles purchased at Martins for a period up to 12 months post-purchase. The Customer will be requested to complete a purchase declaration.

24. Distance Selling

24.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from the Dealer’s business premises and/or without any face-to-face contact between the two Parties; or anyone acting on Customer’s or Dealer’s respective behalf, the Customer may give notice to cancel this Agreement within 14 days without giving any reason.

24.2 This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customer’s behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of their decision to cancel this Agreement in writing by a clear statement (e.g. a letter sent by post, fax, or email) to the

Dealer’s address as set out overleaf. The Customer may use the attached model cancellation form if they wish.

24.3 To meet the cancellation deadline, it is sufficient for the Customer to send their communication confirming their decision to exercise the right to cancel before the cancellation period has expired.

24.4 If the Customer cancels this Agreement, the Dealer will reimburse all payments received from the Customer under this Agreement, without undue delay, and not later than:

24.4.1 14 days after the day on which the Dealer receives the Goods back; or

24.4.2 (if earlier) 14 days after the day the Customer provides evidence that they have returned the Goods; or

24.4.3 if there were no goods supplied, 14 days after the day on which the Dealer is informed about the Customer’s decision to cancel this Agreement.

24.5 The Dealer will make the reimbursement using the same means of payment the Customer used for the initial transaction unless the Customer has expressly agreed otherwise, but in any event, the Customer will not incur any fees as a result of the reimbursement.

24.6 The Dealer may withhold reimbursement until the Dealer has received the Goods back or the Customer has sent evidence of having sent back the Goods to the Dealer, whichever is the earliest. The Customer should send back the Goods or deliver them back to the Dealer at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates the Customer cancellation of this Agreement to the Dealer.

24.7 This deadline is met if the Customer sends back the Goods before the period of 14 days has expired. The Dealer will require that the Customer bear the cost of returning the Goods to the Dealer.

24.8 The Customer must take reasonable care of the Goods whilst they are in the Customer's possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until when they are returned to the Dealer.

24.9 The Customer is 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. This means the Dealer is permitted to reduce the Customer’s refund to reflect any reduction in the value of the vehicle, for example, costs associated with the mileage the Customer has incurred on the Vehicle and the costs to repair any damage that may have occurred during the period in which the Customer was responsible for the Vehicle.

 

25 Cancellation Rights

25.1 In addition to the statutory rights provided and shown in clause 24, where a Customer has purchased a Vehicle themselves without the need for finance, the Customer can cancel an order placed at a distance or off-premises at any point before the Vehicle is delivered or collected by contacting their Dealer's designated Sales Executive. If a Customer wishes to cancel an order after delivery of the Vehicle, the rights in clause 24 apply.

25.2 Where the Customer enters into a third-party finance agreement to purchase a Vehicle, the Customer's rights differ because the Customer has entered into a contract to purchase the Vehicle with the finance provider. In this situation, the Customer's rights will be set out in the finance provider’s terms and conditions.

25.3 No parts will be accepted for credit unless returned within 14 days of collection or of delivery, quoting the invoice number. All new parts returned for credit shall, in the opinion of the Dealer, be in reasonable condition, of merchantable quality, and may be subject to a handling charge. Goods specially ordered cannot be accepted for credit. This does not seek to affect your rights under common law.

 

26 Storage Charges

26.1 The Dealer reserves the right to charge the customer a reasonable daily fee for the storage of their vehicle or vehicles.

 

27. Dispute resolution/ Jurisdiction

27.1 In the event that a Customer’s complaint or dispute cannot be resolved, the Customer may refer the dispute to the following ADR processes

27.1.1 where the Customer’s complaint does not relate to a financial service, Motor Codes Limited. For details of this service, the Customer can contact them at help@motorcodes.co.uk

27.1.2 where the Customer’s complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or the Customer can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

27.2 Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.