TERMS AND CONDITIONS

OMRG Limited

1. THESE TERMS

1.1 What these Terms cover. These terms and conditions ("Terms") set out the basis on which we will source a vehicle (‘Vehicle”) that you have selected for purchase using our website.

1.2 Why you should read our Terms. Please read these Terms carefully before you agree to be bound by them. If you think there is a mistake in these Terms or you otherwise require a change to any of the provisions, please contact us to discuss amending the Terms before you sign the Order.

1.3 These Terms should be read in conjunction with the following documents:

1.3.1 the Order describing and providing the specifications of the Vehicle which has been sent to you by e-mail or is displayed in your user account on our website ("Order"); and details relating to its condition; and

1.3.2 our Privacy Policy and Website Terms of Use and Acceptable Use.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. In these Terms, “we”, “us” or “our” refers to OMRG Limited, a company registered in England and Wales (Registration No. 10623670. Our registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX. Our VAT number is 275055596.

2.2 How to contact us. You can contact us by telephoning our customer service team at +442086385447 or by emailing [email protected].

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you on the number or at the email address or postal address you have provided to us.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2.5 We only sell to consumers in the UK. Our website is solely for the promotion of our supply of services and Vehicles to consumers who are at least 18 years old and resident in the UK. A consumer is an individual who is buying a vehicle from us for his or her personal use (i.e. not for use in connection in any way with a business or profession).

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for our services or your order. This might be because we are unable to source the Vehicle or the Vehicle has already been sold by the dealer, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because you are ineligible for finance for which you have applied or because we are unable to meet a delivery deadline you have specified.

3.3 Our Site or sales representative will guide you through the steps you need to take to complete your order.

3.4 After you have placed your order, you will receive an e-mail from us acknowledging your order. Please note that this does not mean we have accepted your order or that a contract has been formed between us.

3.5 Unless you are purchasing by way of a finance arrangement (see paragraph 3.6 below), the contract between us will be formed once you have provided us with all necessary information to process your order and you have received our e-mailed acceptance of your order (Order Form) and paid the full price for the Vehicle including the fees for our Services (see clause 7.1 below) as itemised in the Order Form. We will then commence performance of the Services.

3.6 If you require finance, we will require you to pay the deposit as quoted in the Order Form and, upon receipt, the details of your order will be sent to the finance provider and you will need to enter into a separate finance agreement with the finance provider or enter into your own finance agreement to finance the purchase of the Vehicle. If the finance arrangement does not proceed, we shall refund the deposit to you. We will not proceed to perform the Services until your finance has been approved by the finance provider and released to us. Upon receipt of the full price including all fees for our services as specified in the Order Form, we will commence performance of the Services.

3.7 Note that we have the right to retain the deposit or a reasonable proportion thereof where we have received the finance monies from the finance provider and/ or commenced performance of any of the Services and you fail to proceed with your order.

3.8 If you change your mind about entering into the contract within the 14 day withdrawal period described further below (see clause 9.3), you may still be liable to pay us for any Services or a reasonable proportion thereof, which we have commenced performing, in circumstances where you have requested the Services to be performed during the withdrawal period, and to deduct such reasonable fee from the monies held which could be up to the full amount of the arrangement, administration and delivery/ collection fee or any other monies received from you for the Services. We will pay any refund to you using the credit or debit card used to pay. If you do not want us to commence performing the Services until the end of the withdrawal period for services, however, we cannot guarantee that the Vehicle will still be available for purchase.

4 SOURCING AND PURCHASING A VEHICLE

4.1 You can let us know your requirements by way of completing the relevant form on our Site (Order).

4.2 Any Vehicles displayed on our Site are second hand and the details are provided to us by the dealers or car auction centres which we use to source Vehicles at trade price and are subject to the grades of condition and any defects displayed or noted on the site or by email to you. We will endeavour to ensure that any photographs, descriptions, specifications and advertising provided in respect of the Vehicle on our website are accurate and up to date. In some circumstances Vehicles displayed on our Site may be provided to show an illustrative example of the model generally and may not represent the Vehicle that you have chosen. If you are unhappy with the grading, specification, description and/or appearance of the Vehicle upon delivery and provided it can be demonstrated that the Vehicle has been misrepresented, you are entitled to notify us as specified in clause 6.4 in order to claim a full refund.

4.3 If you wish to make a change to your order. If you wish to make a change to your order, then please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

4.4 If your order requires us to purchase a Vehicle on your behalf by way of auction:

a) we will require you to pay the estimated price of the Vehicle in advance.

b) if you require finance, this will need to be secured prior to the auction

c) If we exceed the estimated price provided in the Order Form, we shall be responsible for the excess. If we pay less than the estimated price, we will refund any excess.

4.5 If we are purchasing the Vehicle by way of auction, be aware that you are accepting the risk that we may not succeed in securing the Vehicle whether because you have not put us in funds in time or because the bidding exceeds the estimated purchase price;

4.6 If we are unsuccessful in securing your chosen Vehicle when purchasing by way of auction, we shall refund to you the estimated purchase price in full less any fees for services provided or, if you so request, we can use the finance approval and the estimated purchase price of the Vehicle paid by you to secure an alternative vehicle.

4.7 If, upon securing the Vehicle from auction and following an inspection to ensure that the Vehicle is in accordance with the specification provided to you in the Order Form, we are not satisfied that the Vehicle does accord with such specification we reserve the right to remedy any discrepancy at our cost before delivery or collection of the Vehicle provided that the Vehicle shall be ready for delivery/ collection within 28 working days of purchase.

5 DELIVERY/ COLLECTION

5.1 Date for Delivery/ Collection. During the order process you will be asked to select a date and address for delivery/ collection of the Vehicle. The date you choose for delivery/ collection is indicative only and we or our third party carrier will contact you to confirm the delivery/ collection date and address once your order has been accepted.

5.2 Delivery. We (or our third party carrier) will use our reasonable endeavours to deliver the Vehicle to you on the agreed date at the address specified by you on the Order, [which must be the address shown on your driving licence. We will aim to deliver the Vehicle between the hours of 8 am to 8pm (Monday to Sunday).

5.3 Delivery Charges. Our delivery charge shall be as specified on our website or in an email to you before we confirm your Order.

5.4 We are not responsible for any delay in the delivery of the Vehicle or in the Vehicle’s availability for collection which is outside our control. If the delivery/ collection of the Vehicle is delayed by an event outside our control, then we will let you know as soon as possible and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund of any sums you have paid.

5.5 You must be available for delivery of the Vehicle at the address specified on your full UK driving licence and which you provided to us for the purpose of the ID verification search or you must collect your vehicle from a collection centre close to you. If you are collecting the Vehicle and the address on the licence does not match your address as specified in the order we will also require a utility bill or bank statement addressed to your residential address and dated in the 3 months prior to collection. We will not deliver to an alternative delivery address or collection centre. Please ensure that your driving licence is up to date and registered to your current address or that you have a recent utility bill/ bank statement matching your current address.

5.6 You must be personally present with valid ID to collect or accept delivery of the Vehicle. We will not deliver or allow collection of the Vehicle to anyone acting on your behalf or to any third party. If you are not available at your address to take delivery, or present at the collection centre to collect the Vehicle then we will notify you that we have attempted to deliver the Vehicle and you will be required to contact us or the collection centre or the carrier company (as applicable) to arrange redelivery and you will be liable to pay any costs of redelivery or storage.

5.7 On delivery/ collection of the Vehicle you will be required to sign a declaration confirming that you have inspected the Vehicle and that it complies with the specification details included in the Order (including that the condition of the Vehicle meets the standard specified in the Order). If the Vehicle does not comply with the specification in the Order then you should inform us immediately as you may be entitled under these Terms (at our option) to: (i) have the issue remedied at our own cost; (ii) receive a price reduction which is proportionate to the decrease in the value of the Vehicle as a result of the issue; or, (iii) reject the Vehicle and obtain a refund.

5.8 Following delivery/ collection, you are entitled to use the car only to the extent required to determine that it is functioning without any defects not disclosed to you. If you notify us that that you are cancelling the Agreement, you shall not continue to use the Vehicle and it shall be your responsibility to keep the Vehicle in the condition it was on the date of delivery or collection. We shall be entitled to charge you in accordance with clause 5.6 if the value or the condition of the Vehicle has deteriorated as a result of your use of the Vehicle or any damage to the Vehicle caused while in your possession. We accept no responsibility for any loss or damage to the Vehicle caused after we have delivered it to your address or you have collected it. You must ensure that you purchase a valid insurance policy for the Vehicle to take effect on or before the date of delivery or collection (as applicable). You are also responsible for ensuring the Vehicle has a valid road tax certificate in place from the time of delivery/ collection.

5.9 We shall be entitled to charge you as follows

(a) if the Vehicle has been driven for more than 20 miles since delivery or collection, a fee equal to £1.00 per mile driven in excess of 20 miles;

(b) if the value of the Vehicle has deteriorated because it is not in the same condition it was in on the date of delivery/ collection, our reasonable costs to repair the Vehicle in order to put it in the same condition it was on the date of delivery/ collection.

For the purposes of this clause 5.9, we shall take note of the mileage of the Vehicle on the date of collection/ delivery in order to determine any fee chargeable in accordance with clause 5.9(a).

5.10 When you own the Vehicle purchased from us. You or, if applicable, the finance provider will own the Vehicle once we have received payment in full and, if you are part exchanging a car in part payment of the purchase price, we have received and accepted the part exchange car and you have signed the delivery/ collection receipt.

5.11. Following the delivery of the Vehicle to you or collection by you, you will be responsible for keeping the Vehicle properly maintained and serviced in accordance with the manufacturer’s guidelines and we are not responsible for any defects reported by you if you fail to do so.

5.12 Your legal rights if we deliver or make the Vehicle available for collection late. You have legal rights if we miss the delivery or collection deadline. If we Delay (save where such delay is caused due to circumstances outside our control (see clause 5.4) then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the Vehicle or make the Vehicle available for Collection;

(b) delivery or collection within the delivery/ collection deadline was essential (taking into account all the relevant circumstances); or

(c) you told us in writing before we accepted your order that collection/ delivery before a specified deadline was essential.

5.13 Setting a new deadline for delivery/ collection. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 5.12, you can give us a new deadline for delivery/ collection, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

5.14 Ending the contract for Delay. If you do choose and are entitled to treat the contract as at an end for Delay under clause 5.12 we will refund any sums you have paid to us for the cancelled Vehicle purchase and its delivery/collection. And if the Vehicle has been delivered to you, you must allow us to collect it from you. We will pay the costs of collection. Please call customer services on +442086385447 or email us at [email protected] to arrange collection.

5.14 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Vehicle to you, for example, your driving licence or your address for delivery. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Vehicle late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.15 Reasons we may suspend the supply of the Vehicle to you. We may have to suspend the supply of a Vehicle if you do not pay us when you are supposed to.

6. LEGAL OBLIGATIONS

6.1 We are under a legal duty to ensure the Vehicle:

(a) is of satisfactory quality;

(b) is fit for its purpose; and

6.2 This duty does not apply to and does not cover damage or defects arising from:

(a) fair wear and tear;

(b) serviceable issues reasonably to be expected when purchasing a non- serviced second hand Vehicle;

(b) inappropriate storage or use of the Vehicle;

(c) damage or condition or vulnerabilities that were brought to your attention in the specification or description of the Vehicle or during your inspection of the Vehicle on delivery;

(d) any accident, misuse, neglect, or damage by you or any third party;

(e) use for purposes or in a manner other than as recommended or intended by the manufacturer or failure to follow the manufacturer's instructions; and/or

(f) damage caused by failure to follow the manufacturer's care instructions or from use of inappropriate cleaning products or those of a corrosive and/or abrasive nature;

(g) any alterations/ modifications made by you or any third party to the Vehicle when in your possession.

6.3 Prior to delivery or collection of the Vehicle we will, at our cost, send the Vehicle for an expert vehicle inspection to check the Vehicle for any mechanical defects. In the event that there are mechanical defects other than any disclosed to you in the order we shall pay for any repairs required save any damage or defects arising from 6.2 (a), (b) and (c) above.

6.4 If following collection and delivery of the Vehicle there is a defect with the Vehicle, save as specified in clause 6.2 you must notify us within 30 days following the date of delivery. We will at our option repair or replace the Vehicle or, if neither is possible within a reasonable time, then we will refund the price paid by you.

6.5 Consumer Statutory Rights. Nothing in these Terms affects your statutory rights and you may be entitled to a full refund for the Vehicle or a repair or replacement of the Vehicle if you discover a defect with the Vehicle that is not covered by the terms above. This is subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

7 PRICE AND PAYMENT

7.1 The price of the Vehicle (which includes VAT) will be the price indicated on the Order Form and includes the administration and delivery fees as specified on our website to cover our Services (including: sourcing your Vehicle, administration of your order, the procurement of a finance arrangement, if required (we do not charge a fee for this but we may receive a commission payment from the finance provider) and cleaning and delivery services. Otherwise the price is the trade price paid by us to the dealer to purchase the vehicle on your behalf. We take all reasonable care to ensure that the price of the Vehicle advised to you is correct. However, please see clause 9.2 for what happens if we discover an error in the price of the Vehicle you order.

7.2 To ensure that we can source the Vehicle you must make payment in full as specified in the Order Form before we can reserve the Vehicle for you as, in order to do so, we must first purchase the Vehicle from the dealer/ auction on your behalf in order to be able to secure the car for you at trade price and to ensure that the trader does not sell the Vehicle to anyone else.

7.3 If we do not receive payment in full of the purchase price (less the deposit paid, if you are purchasing by way of finance) within 3 working days of your Order then we may be unable to fulfil your Order.

7.4 It is possible that, despite our best efforts, some of the vehicles we sell may be incorrectly priced. We will normally check prices before providing you with the Order but if we 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 your order, refund you any sums you have paid and require you to make the Vehicle available for collection.

8. COMPLETION OF SALE AND PART EXCHANGE

8.1 We will be responsible for completing the V5C application to transfer the registration of the Vehicle to you. We will not commence the V5C application process until at least 14 days after delivery.

8.2 You acknowledge that you or your finance provider, if applicable, will own the Vehicle once we have received payment in full for the Vehicle.

8.3 If you have selected a finance option to purchase the Vehicle then ownership of the Vehicle is subject to the terms of your agreement with the relevant finance provider.

8.4 If you intend to part exchange a vehicle as part payment (Part Exchange Vehicle), full, accurate and current details of the Part Exchange Vehicle must be provided by you in your order and we shall provide you with a valuation at the time when you place your order.

8.5 We may at our option inspect the Part Exchange Vehicle to ensure that all details provided by you are full and accurate and that the Part Exchange Vehicle is not damaged or defective in any way not disclosed to us in your order.

8.6 We reserve the right to reject a Part Exchange Vehicle at any time before we complete delivery or you collect the Vehicle including but not limited to any of the following circumstances:

a) you are not legally authorised to sell the Part Exchange Vehicle; or

b) you are not the sole owner of the Part Exchange Vehicle or any third party has any claim to the Part Exchange Vehicle or there is outstanding finance or a finance marker on the Part Exchange Vehicle or any issue is identified by an HPI check;

c) any information given to us about the Part Exchange Vehicle including its condition is not full, true and accurate or you do not have all material documentation in respect of the Part Exchange Vehicle such as the V5C registration document or a valid MOT or such documentation is not complete;

d) the Part Exchange Vehicle is not registered in the UK or was not first registered in the UK;

e) there is any other undisclosed issue with the Part Exchange Vehicle which may affect its value

8.7 If you are selling a Part Exchange Car to us, we will inspect the Part Exchange Vehicle at Delivery or on collection (as applicable).

8.8 If we do not accept the Part Exchange Vehicle, then, unless you can pay the difference being the value attributed to the Part Exchange Vehicle, the Order will be cancelled, and Delivery or Collection will not take place. Any payments you have made for or towards the Vehicle will be reimbursed to you within 14 days. We will repay you using the same means of payment as you used to pay us. You will still be responsible for paying for any services already provided prior to cancellation and any such sums owed shall be deducted from such reimbursement.

8.9       If we accept and collect the Part Exchange Vehicle at delivery or collection, you must provide us with:
a)         all copies of the Part Exchange Vehicle 's keys;
b)         the most recent V5C registration document of the Part Exchange Vehicle (together with  appropriate proof of purchase if requested by us);
c)          the Part Exchange Vehicle's service history (if any) and MOT certificate (if any);
d)         the Part Exchange Vehicle user manuals (if any); and
e)         any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).

8.10 You must remove any personal possessions from the Part Exchange Vehicle before we collect it. We will not be responsible for any personal items lost once the Part Exchange Vehicle is in our possession and it is your responsibility to the remove any personal information contained on any device in the Part Exchange Vehicle capable of storing data

8.11 If you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Vehicle with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Vehicle and/or cancel the order. If we take the Part Exchange Vehicle at Delivery or collection and discover later that the Part Exchange Vehicle did not meet the requirements set out in this clause then we may take action against you to recover the reduction in value of the Part Exchange Vehicle as a result of the Part Exchange Vehicle not meeting the requirements in this clause (Recovery Claim). You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim.

8.12 If your order is cancelled for any reason and we have received a Part Exchange Vehicle in part exchange, we do not have to return the Part Exchange Vehicle to you but we will credit you for the value of the Part exchange Vehicle.

9 YOUR RIGHTS TO END THE CONTRACT

9.1 You may be entitled to end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the Vehicle, how we are performing and when you decide to return the Vehicle.

(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the Vehicle repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 6;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 9.2;

(c) If you have just changed your mind about the Vehicle, see Clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions for Services performed and for any use made by you of or damage to the Vehicle during the cooling off period and you will have to pay the costs of return of the Vehicle. We will also charge you for the increase in mileage of the Vehicle above a 20 mile increase (£1 per mile) from the date of delivery/collection.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for your purchase and you may also be entitled to compensation. The reasons are:

(a) we have told you about a change in the specification of the Vehicle or to these terms which you do not agree to;

(b) we have told you about an error in the price or description of the Vehicle you have ordered and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see Clause 5.12).

9.3 Exercising your right to change your mind (Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running;

9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) For our Services which include sourcing the Vehicle for you, purchasing it on your behalf to ensure you have the benefit of trade price, if relevant, paying the auction fee, administration of your order including completing the V5C application, delivering the Vehicle to you and collection, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) In respect of the Vehicle purchase, you have 14 days after the day the Vehicle is delivered to you.

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1 To cancel your order or return the Vehicle following delivery, please contact our customer service team on +442086385447 or email [email protected].

10.2 You will remain responsible for the Vehicle (including for the payment of any fines, charges or penalties incurred by you) until we collect the Vehicle from you. Upon notifying us that you wish to cancel your order and/or return the Vehicle for any reason you must:

10.2.1 arrange a date with us to collect the Vehicle within 3 working days of the date of notification and make the Vehicle available for collection on that date;

10.2.2 store the Vehicle in a safe and secure location;

10.2.3 continue to keep the Vehicle taxed and insured until the date of collection;

10.2.4 not make any alterations, changes or modifications to the Vehicle.

10.3 You will be responsible for paying the cost of collection of the Vehicle if you are exercising your right to change your mind and not for something we have done wrong and a relisting fee, inspection fee and returns cleaning fee as specified on our website from time to time.

10.4 If you are entitled to a refund under these Terms, we will refund you the price you paid for the Vehicle, and, where eligible, for any, or any part, of the Services provided, by the method you used for payment. However, we may reduce your refund of the price to reflect any costs incurred by us and any reduction in the value of the Vehicle resulting from the use of the Vehicle from the date of delivery until the date the Vehicle is collected, including any:

10.4.1 damage or wear and tear to the Vehicle;

10.4.2 increase in the mileage of the Vehicle beyond 20 miles (£1 per mile); and

10.4.3 expenditure on fuel that we incur to ensure the fuel level is the same as at the date of delivery (charged at cost);

10.5 We will make any refunds due to you as soon as possible and in any event within 14 days of the order cancellation date if the Vehicle has not yet been delivered or, in the case of a delivered Vehicle, within 14 days of us collecting the Vehicle from you. All administration fees are non-refundable and we may withhold any refund until we have recovered from you the Vehicle and all related paperwork.

11. OUR RIGHT TO CANCEL THE ORDER

11.1 We may cancel the order at any time by writing to you if:

11.1.1 you do not make any payment to us when it is due and you still do not make payment within 24 hours of us reminding you that payment is due;

11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Vehicle;

11.1.3 we have reason to believe you are purchasing the Vehicle for business use;

11.1.4 you do not, within a reasonable time, allow us to deliver the Vehicle to you; or

11.1.5 the Vehicle is unavailable or becomes unavailable for purchase at any time prior to delivery.

11.2 If we cancel the order as a result of any act or omission for which you are at fault, we will refund any money you have paid for the Vehicle but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breach of these Terms.

12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching these Terms or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the order was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 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, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Vehicle as summarised at clause 6.

12.3 We only supply the Vehicle for domestic and private use. If you use the Vehicle for any commercial, business or re-sale purpose we shall not be liable to you for any losses suffered as a result of such use.

13 HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 We will use the personal information you provide to us in accordance with our privacy policy:

13.1.1 to supply the Vehicle to you;

13.1.2 to process your payment for the Vehicle;

13.1.3 if you agreed to this during the sales process, to give you information about similar vehicles and services that we provide, but you may stop receiving this at any time by contacting us; and

13.1.4 as otherwise specified in our Privacy Policy.

14 OTHER IMPORTANT TERMS

14.1 In the event of any conflict or inconsistency between these Terms and the documents referred to in clause 1.3, the provisions of these Terms shall take precedence over the Order and the Website Terms and Conditions/Privacy Policy and the Order Form shall take precedence over the Website Terms and Conditions/Privacy Policy.

14.2 We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for the Vehicle if it has not been delivered.

14.3 Nobody else has any rights under these Terms. These Terms are entered into between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.

14.5 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Vehicle, we can still require you to make the payment at a later date.

14.6 These Terms are governed by English law and, subject to clause 15, you can bring legal proceedings in respect of the Vehicle in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in the Northern Irish courts.

15. ALTERNATIVE DISPUTE RESOLUTION

15.1 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 not happy with how we have handled any complaint, you may propose in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation and if you are not satisfied with the outcome you can still bring legal proceedings.15.2 If we are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, either party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator.

15.3 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

15.4 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

15.5 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

15.6 Any dispute shall not affect the parties' ongoing obligations under these Terms.