Sales Terms & Conditions
Interpretation

A “business day” means any day other than a Saturday, Sunday or bank holiday.

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Words imparting the singular number shall include the plural and vice-versa.

Price

Subject to sub-Clause 4.2, the price (“Price”) of the Cars/Vehicles shall be accepted by the Buyer and confirmed in this invoice.

Any increase in the cost of the Cars/Vehicles to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.

Any increase in the Price under sub-Clause 4.2 shall only take place upon the Seller informing the Buyer of the increase in writing.

The Price is exclusive of fees administrative charges and transportation / delivery.

In line with HMRC requirements, there is no VAT on second-hand goods however HMRC assumes that VAT is included in the sale price as part of the VAT margin scheme. The Buyer will not be paying VAT separately, but it will be included in the sale price. Clause 4.5 will not be applicable to VAT qualifying cars.

Administrative Charges

Seller will charge administration fee to cover essential documentation and administration costs related. To ensure we can offer all our customers the best value we have tailored our administration fee to our customers individual circumstances. This fee is a compulsory fee and applies to all our cars depending on your below circumstances:

(a)Retail customer Admin Fee £149.00
(b Export Customer Admin Fee £199
(c)Retail Customer using a finance broker outside our official panel of lenders Fee £299
(d)Motoring Trade Customers Admin Fee £199
(e)Your statutory rights are not affected.

Reservations

Buyer reserving a car/vehicle is deemed to be expressing his/her intention to purchase. A charge of a refundable £99 is payable for all reservations.

Once the reservation has been paid the Seller, a designated sales team member will contact the seller to guide them through the next steps and arrange delivery or collection.

The Seller reserve the right to cancel the reservation and refund your £99. This will be explored if it transpires that delivery/collection, funding or other matters prohibit the sale of the vehicle within a reasonable timeframe or if we have been unable to get in contact with you. In such cases, the Buyer will be given notification if this is necessary.

Deposits

A minimum of 10% deposits will be collected from the Buyer for reserving the car/vehicle

When a deposit is placed on a vehicle and Buyer choose to cancel the sale agreement, the deposits paid to HCL with the transaction will be forfeited

When and where a car/vehicle is physically reserved and, the car/vehicle will be taken off the sale (physically and online) and preparation work will be undertaken to make the car/vehicle ready for handover. In such cases, a minimum deposit of £500.00 will be retain by the Seller.

Payment

The Buyer shall pay the Price stated in this invoice prior to taking delivery or otherwise in accordance with any finance arrangement agreed between the Seller, lender, and the Buyer.

Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods/ Cars/Vehicles has not passed to the Buyer.

If the Buyer fails to make payment after paying the deposit, the agreement will be forfeited, and no refund will be paid

Time for payment is of the essence of the Contract between the Seller and the Buyer.

All payments must be made in sterling pounds £ and we accept UK Visa Debit Cards, Metro Bank Mastercard Debit card, Direct Transfer, Bank Drafts and Building Society Cheques payable to Heston Cars London Ltd. Cash payments over £2,000 will incur a 1% handling fee.

Please note: unfortunately, we cannot accept credit card payments made towards the purchase of the car/vehicle by the Buyer. However, credit cards are accepted for additional products i.e. Warranty cover and Paint Protection. We cannot accept Pre-paid cards including Monzo, Tide or Revolut.

Returns

Buyer should email after sales support on customerservices@hcl-ltd.com to share their concerns along with any evidence supporting their claims. Any faults identified should be supported by an approved registered garage.

Cars/Vehicles may not be returned without the prior written agreement of the Seller.

Subject to sub-Clause 12.5, the Seller shall only accept returned Cars/Vehicles if it is satisfied that those Cars/Vehicles are defective and that such defects would not be apparent on inspection.

The Seller shall have the option of either replacing defective Cars/Vehicles within 28 days of receipt of them or shall refund to the Buyer the Price for those Cars/Vehicles which are defective.

The Buyer can reject the defective Cars/Vehicles within 28 days provided that:

(a) The defect or fault was pre-existing prior to Buyer collecting the car
(b) the Buyer bears the risk and cost of returning the Cars/Vehicles including recovery charges
(c) the Buyer indemnifies the Seller against any costs incurred in rectifying any deterioration of the Goods/Cars/Vehicles resulting from the Buyer’s incorrect handling or storage of the Cars/Vehicles.
(d) the return will be subject to administrative charges of 5% and the difference in price if the car has been registered under the Buyers name.

The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.

Please note, any faults will be first addressed by our specialist inhouse service shop and we will take the responsibility to work with main dealer should there be a need. We will not compensate for any initiatives taken by the Seller without prior agreement.

Where Buyer had a part exchange at the time of purchase, the Seller will be pay an equivalent amount in cash against the agreed amount for the part exchange but will not receive the original car/vehicle in return.

We operate a strict deduction policy where the car has been returned. These include:

(a) A full refund in be offered to the Buyer where the Buyer has driven 100-mile test drive limit provided the vehicle is returned. Subsequent mileage added to the vehicle will be subject to a £1 deduction per mile.
b) Consumer rights return - If Buyer has a valid reason to return the vehicle under your consumer rights, the Seller reserves the right to deduct a reason-able sum of money for the usage of the vehicle and any failure to keep it in good repair and condition. The Seller operates a policy to charge 25 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for re-pairs required due to any damage to the vehicle (e.g., interior, and exterior) that was caused whilst in your possession/ownership

Rights, Warranties and Liability

Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods/ Cars/Vehicles as a consumer, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.

The exclusions of liability contained within this Clause 14 shall not exclude or limit the liability of the Seller:

(a) for death or personal injury caused by the Seller’s negligence;
(b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
(c) for fraud or fraudulent misrepresentation.

Part Exchange Vehicle

If Seller and Buyer have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, the Seller shall only be bound to do so if the Part Exchange Vehicle is:
(a) Cleared of any finance agreements, charges or other encumbrances which you did not disclose to us before the date of the agreement.
(b) Delivered to our place of business before you take collection of the vehicle and/or products.
(c) If the vehicle was inspected at initial deposit / sale agreed stage, it should be in the same condition. If the vehicle was not inspected, the vehicle must be mechanically fit for purpose, in a drivable state with no engine gearbox or other major issues that could affect performance.

If Buyer 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 Valuation against the Purchase Price

Data Protection

The Seller will only use the Buyer’s personal information as set out in the Seller’s website www.hcl-ltd.com

Communications

All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.

All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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