Terms & Conditions for vehicles supplied by www.onlinecarslimited.com (Online Cars Limited/OCL) forthwith www.onlinecarslimited.com will be indicated as (“OCL”)
Definitions
Where the context so permits the following expression shall have the following meanings:-
“OCL” shall mean Online Cars Limited/www.onlinecarslimited.com
“The manufacturer” shall mean the manufacturer of the respective vehicle
“The vehicle” shall mean the motor vehicle or vehicles specified in the order form
“The order” shall refer to the signed order form
Terms and Conditions
These Terms and Conditions apply between you and OCL, PO Box 452, Fleet, GU51 9DP for the sale and purchase of any vehicle(s) advertised on this website.
Vehicles listed on the website are supplied by recommended UK Main Dealers and OCL act as a broker between you and the dealer and accordingly the contract for the supply and delivery of the vehicle(s) will be between you and the relevant dealer.
VEHICLES OFFERED BY OCL ARE NOT IMPORTS
1. Orders
1.0 Your order of a vehicle from the OCL website is an offer by you to purchase your vehicle in accordance with all the terms and conditions stated. All orders are subject to acceptance by OCL, availability, price changes indicated in clause 2.2 and
payment of a deposit in accordance with clauses 3.0 to
3.4 inclusive. If the vehicle you have ordered is not available you will be contacted by e-mail and or telephone (providing you have supplied us the details to do so) by a representative of OCL with this information. If the vehicle is available and OCL accept your offer you will be contacted by OCL to request full payment in accordance with clause 3.5 below.
1.1 Any vehicle(s)
ordered by a company must be received in writing and signed by a Director and or Company Secretary and confirmed on Company Headed Paper.
1.2 Any
vehicle funding from third parties must be in place before any order can be
processed and it is your responsibility to ensure that the supplying dealer
and OCL are made fully aware of this situation in advance of any agreed
delivery/collection dates relating to the vehicle.
2. Prices
2.0 The prices advertised/quoted include VAT (where applicable), manufacturers delivery charge to the dealer, number plates, 12 months road fund licence (VED) and the vehicle 1st registration charge at the stipulated current government rates.
2.1 The prices advertised/offered exclude any form of insurance unless offered within a manufacturer’s current marketing campaign.
2.2 OCL reserve the right to change the advertised prices either before or after OCL accepts any order. OCL will notify you of such changes and you have the right to cancel your order if not acceptable.
2.3 Prices are for information purposes only and do
not constitute any offer by us capable of acceptance by you.
3. Payment
3.0 A minimum deposit of £500 will be required from
you at the point you place your order, this payment will go direct to the
supplying dealer (or agent if specified), the deposit may be increased depending upon the
specification of the car/extras ordered. Payment of the deposit shall be made
by debit card or credit card (or cheque if stipulated). If your order is not accepted by OCL this will
be refunded immediately. If you decide not to proceed with any order accepted
by OCL then any deposit paid is not refundable (except if you cancel an order
in accordance with clause 2.2 in which case your deposit will be repaid to you).
3.1 Payment of the deposit may be made by those credit and charge cards accepted by the dealer (or cheque if specified).
3.2 You will be required to provide OCL with your credit card details including the last three digits of the security card number to effect payment of the deposit, all such details received by OCL will be passed on to the dealer concerned for the sole purpose of concluding this payment. Your order of a vehicle (if accepted by OCL) shall be taken as your consent to OCL passing on your credit/charge card details and /or other payments details and or relevant details to the supplying dealer concerned.
3.3 At no time will OCL itself take any payment from your credit card or charge card.
3.4 OCL and/or the dealer will perform a validation check and authorisation check with the card issuer and OCL has the right to refuse your order when the card issuer refuses to authorise payment or when OCL or the dealer has any concerns about payment.
3.5
Payment of the balance due on the vehicle must be made in the manner agreed
with the dealer and is made on or before delivery/collection. Title will only
transfer to you when cleared funds have been received by the supplying
dealer.
4. Limitation
of Liability
4.1 OCL role is that of a broker to the purchase and OCL sole obligation is to pass your order which OCL has accepted, on to the dealer and therefore OCL accept no responsibility for any loss arising out of the contract between you and the dealer and purported arrangements relating to the supply of any vehicle.
4.2 OCL does not guarantee the title, quality or performance of the vehicle in any way, nor that the prices quoted are the lowest available and OCL shall bear no responsibility if you are not satisfied with the vehicle purchased.
4.3 OCL (or any of their parent, subsidiary or affiliate entities, employees, or subcontractors will not be liable for any direct, incidental, consequential, punitive or exemplary damages (even if advised of the possibility) arising in any way from the information contained on this web site or of any damages or losses that may be related to any equipment and other software due to viruses, defects in connection with access to this web site, OCL role is that of a broker.
4.4 All Warranties / Guarantees
are as per manufacturers published guidelines.
5.
Delivery
5.0 Deliveries are restricted to mainland Britain however a further charge will apply to Scotland and Wales. We will quote on a case by case situation, all cars are driven to the customer in mainland Britain by the dealer unless otherwise advised. If you require the vehicle to be transported then an additional cost may apply and OCL will advise you of the costs involved.
5.1 OCL do not accept any responsibility for any vehicles not delivered in accordance with such delivery arrangements nor do OCL accept any responsibility for damage during transit.
5.2 All delivery arrangements/collection are to be agreed as between you and the supplying dealer concerned and OCL accept no responsibility for any vehicles not delivered in accordance with such delivery arrangements.
5.3
When the vehicle is delivered/collected it is more than likely that you will
be required to sign an inspection sheet confirming that you have inspected the
vehicle and that it complies with the specification detailed in your agreed
order and that the vehicle is undamaged. In the unlikely event that any
foregoing is incorrect you will advise your contact at the supplying dealer
immediately of any problems at the point of delivery and they will guide you
on what to do.
6.
Confidentiality
6.1 Once we have placed you order with the dealer. The
dealer will contact you to introduce themselves and let you know who they are.
Their identity is confidential and is a condition of order that you will not
reveal who the supplying dealer is.
7. Governing
Law
7.1
These terms and conditions quoted are governed by English law and OCL
and you submit to the non-exclusive jurisdiction of the Courts of
England.
8.0 Statutory
Rights
8.1
Nothing in these conditions shall affect your statuary rights as a consumer.
Third party rights under the Contracts (Rights against Third Parties Act 1999
are hereby excluded).
9.0
Copyright
9.1
Our Website design layout, look, appearance and source code, software and all
of the matters used on our Website are the copyright of OCL. All rights
reserved to OCL.
10.
Waiver
10.1 Customer
service is of prime importance to OCL and if you have any complaint about OCL
broker service, please contact us direct by e-mail. We will acknowledge your
complaint within two working days of receipt and endeavour to resolve any
issues relating to your complaint in a reasonable and timely manner.
(Revised Terms &
Conditions 07/12/2005)