Terms of service

(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)

1. In this agreement, “the Seller” shall mean the relevant subsidiary of The Vault Collection and “the Purchaser” shall mean the person or body by or on whose behalf this order is made. 
2. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the Seller.
3. The goods are supplied as roadworthy at the date of delivery and are supplied subject to any conditions or warranties that are implied by law.
4. Prior to signing the order form the Purchaser shall examine the goods and the items set out in the Purchasers Certificate of Examination on the Order Form. The Purchaser is reminded that the condition of satisfactory quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Similarly, should the goods also be sold subject to defects notified by the Seller to the Purchaser before signing the order form, the condition of satisfactory quality above referred to does not operate in relation to those defects. 
5. Any accessories fitted or supplied by the Seller will carry the benefit of any warranty given by the manufacturers of those accessories.
6. The Seller will endeavour to secure the delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of any delay. Delivery shall be deemed effected when the goods are available for collection by the Purchaser and the Seller has so informed the Purchaser.
7. If the Purchaser shall fail to collect and pay for the goods within 14 days of notification that the goods are available for collection, the Seller shall be entitled to treat the contract as repudiated by the Purchaser whereupon the deposit will be forfeited without prejudice to the Seller’s right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchaser’s default.
8. The goods shall remain the property of the Seller until the price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared. The proceeds of any goods re-sold prior to such payment shall be held in trust for the Seller. The risk in the goods passes to the Purchaser when the Purchaser is given possession.
9. If the goods to be supplied by the Seller are new, the following provisions shall apply:
   a. This agreement and the delivery of the goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the goods or the re-sale of such goods by the Seller, and the Seller shall not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer and concessionaire may be inspected at the Seller’s office.
   b. The Seller undertakes that he will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that he will use his reasonable endeavours to obtain for the Purchaser from the manufacturer or concessionaire the benefit of any warranty or guarantee given in respect of the goods.
   c. No allowance can be given for any part of the standard equipment supplied with the goods which the Purchaser does not wish to take.
   d. If after the date of the order and before the delivery of the goods to the Purchaser the manufacturer’s or concessionaire’s recommended price for any of the goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and:
   i. in the event of the manufacturer’s or concessionaire’s recommended price for the goods being increased, the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Purchaser does not give such notice of cancellation as aforesaid the increase in price shall be added to and become part of the contract price.
   ii. in the event of the recommended price being reduced, the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice.
   e. In the event of the manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the delivery date has arrived or not) by notice in writing to the Purchaser cancel the contract.
   f. Notwithstanding the sum for Car Tax, import duties (or similar taxes or levies), or surcharge imposed by the vehicle manufacturer specified in the order, the sum payable by the Customer in respect thereof, shall be such sum as the Dealer has legally had to pay or become legally bound to pay for Tax in respect of the Goods. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.
10. Distance Selling:
    a. If the contract has been completed without any face to face contact between the Purchaser and Seller, or anyone acting on your or our respective behalf, you may give notice to cancel within 14 days without giving any reason.
    b. The cancellation period will expire 14 days after the day on which the Purchaser, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Purchaser must inform us of your decision to cancel the contract in writing by clear statement (e.g. a letter sent by post, fax or email) to the Sellers address as set out below.
    c. If the Purchaser cancels the contract, the Purchaser will be reimbursed (using the same means), all payments received under the contract not later than 14 working days after the day on which the Seller receives the Goods back
    d. The Seller may withhold reimbursement until they have received the Goods back or the Purchaser has sent evidence of having sent back the Goods back, whichever is the earliest. The Purchaser should send back the Goods or deliver them back to the Seller at the address shown overleaf, not later than 7 working days after the day on which you communicate your cancellation of the contract. The Seller will require the Purchaser to bear the cost of retuning the Goods.
    e. The Purchaser must take all reasonable care of the Goods and will be responsible for any loss or damage from when the Goods are delivered, until when they are returned to the Seller.
    f. Return of the goods will be subject to a £499.00 restocking fee and a £149.00 valeting fee. Additional mileage incurred from the mileage at the point of delivery to the mileage at the point of return to the Sellers address shown overleaf will be charged at £1.00 per mile. The first 20 miles will not be charged.
11. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is given, and the used vehicle accepted, subject to the following conditions:
    a. (1) that the Purchaser has good title to such used vehicle and it is free from any third-party charge or interest; OR (2) that such used vehicle is the subject of a credit sale agreement or other third-party charge or interest capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof.
    b. that if the Seller has examined the said used vehicle prior to his confirmation and acceptance of this order the said used vehicle shall be delivered to him in the same condition as at the date of such examination.
    c. that such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by the Seller hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely.
    d. that without prejudice to c) above such used vehicle shall be delivered to the Seller within 14 days of written notification to the Purchaser that the goods to be supplied by the Seller are ready for collection.
    e. that if the goods to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Purchaser 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 may at the Seller’s discretion be subject to 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 Purchaser of the goods being ordered on this form. In the event of non-fulfilment of any of the foregoing conditions other than e), the Seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.
12. Any notice given hereunder must be in writing and delivered by hand or sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received on delivery in the case of delivery by hand or 3 days after posting in the case of delivery by post.
13. Notwithstanding the provisions of this agreement, the Purchaser shall be entitled before the expiry of 7 days after notification to him that the goods are available for collection to arrange for a finance company to purchase the goods from the Seller at the price payable hereunder. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement shall cease to have effect, save that any used vehicle for which an allowance has been agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance upon the conditions set forth in clause 9 above (save that in c), d) and e) thereof all reference to “delivery” or “delivered” in relation to “the goods” shall be construed as meaning delivery or delivered by the Seller to the order of the finance company).
14. Failure by either the Purchaser or the Seller to enforce at any time or for any period any one or more of the terms of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all or any of them. 
15. No variation of the terms of this agreement shall be valid unless it is in writing and signed by both the Seller and the Purchaser.
16. In the event of a complaint or dispute of any kind our Complaints Handling Procedure can be found on our website at www.thevaultcollection.co.uk/ and is available on request. Where your complaint cannot be
17. resolved, once you have exhausted our internal process you may refer the dispute to the ADR. Where your complaint does not relate to a financial service, The Motor Ombudsman offers a CTSI-certified dispute resolution provider that we are prepared to engage with through the ADR procedure. For details of this service, you can contact their information line on 0345 241 3008 or visit www.themotorombudsman.org. Where your complaint does relate to a financial service, please refer to The Financial Ombudsman service. This service is free to use and the customer helpline is available on 0800 023 4567 or 0300 123 9123 or you can visit their website at www.financialombudsman.org.uk or write to the Financial Ombudsman service, Exchange Tower, London E14 9SR.
18. How information about you will be used
    a. We will use your information in order to administer, deliver and customise the services we provide to you, and to conduct market research and customer surveys.
    b. We would also like to send you information relating to our own products and services, including customer events, by post, telephone, email and SMS. Please tick the relevant boxes below if you would not like to be contacted in this way. Post [               ] Phone [               ] email [                ] SMS [                 ] 
    c. We shall also disclose your information to the manufacturer and its affiliated companies, who will use it in order generally to administer the services provided to you, to conduct market research and customer surveys, and to track sales data. They may also use it to contact you with offers and news that you may find of interest.
    d. Please tick this box if you do not want to be contacted by the manufacturer with such offers or news. [                ]
    e. If you need any further information, or if you would like to request details of the information we hold about you, please write to us at The Vault Collection, Unit 3A The Point, Priory Park, Henry Boot Way, Hessle, HU4 7EG
19. To comply with anti-money laundering and counter-terrorist financing requirements, the Seller may ask the Purchaser for proof of identity and the Seller may conduct searches or enquiries for this purpose. If the Purchaser does not provide the Seller with the required information promptly, the order may be declined, delayed or cancelled.
    a. The Purchaser agrees that the Seller may make checks using online electronic verification systems or other databases at the Seller’s sole discretion.
    b. Any money sent to the Seller must be from a UK bank account in the name of the Purchaser. Where the Purchaser wishes to make payment from a non-UK bank account, the order may be declined, delayed or cancelled whilst the Seller undertakes further checks. The Seller will not accept payment from a bank account registered to anyone other than the Purchaser (except, at the Seller’s discretion if a legitimate link is established or in the case of vehicle financing by a UK based FCA approved finance company) or from a bank account registered in countries on the UK Governments Sanction List (see UK financial sanctions countries list below) or any list maintained by the government or other authority stating such country is of high risk (see HMRC link below). Any such payments received by the Seller may be returned to the originating bank less the Seller’s administrative expenses.
    c. The Seller may ask the Buyer to confirm the source of any money sent to the Seller or to be sent to the Seller. If satisfactory evidence is not forthcoming the order may be declined, delayed or cancelled.
    d. Any personal data the Seller receives from the Buyer for the purpose of preventing money laundering or terrorist financing will be used only for that purpose or with the Buyer’s consent.
    e. UK Financial sanction list of countries: Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, Zimbabwe, Russia, Somalia, South Sudan, North Korea, Mali, Myanmar, Nicaragua, Bosnia & Herzegovina, Burundi, Congo, Cuba, Guinea, Iran, Iraq, Lebanon, Libya, Afghanistan, Belarus
    f. High-risk jurisdictions have significant strategic deficiencies in their regimes to counter money laundering, terrorist financing, and financing of proliferation. For all countries identified as high-risk, the FATF calls on all members and urges all jurisdictions to apply enhanced due diligence. https://www.gov.uk/government/publications/