Terms & Conditions

Terms and Conditions

This page tells you information about Us and the Terms on which We source, locate or otherwise identify any Vehicles for you. These Terms will apply to any contract with Us for the provision of Services. Please read these Terms carefully and make sure that you understand them, before placing an Order for any of the Vehicles listed on Our Site. By placing an Order with Us, you agree to be bound by these Terms.

1 DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Arrangement Fee

is the fee charged by Us for Our Services and payable at the time of the Order;

Cancellation Period

is defined in clause 9.2

CAP

is the third party company (CAP Automotive Limited) used by Us to provide current information on the Vehicles, with its registered office at Online Motor Group Ltd t/a NewCarsOnline.co.uk, 3-6 Church View Business Centre, Binbrook, Market Rasen, LN8 6BY

Credit Check

your personal information may be passed on to credit reference agencies and finance providers to perform a credit search following receipt of your Order;

Deposit

is the sum that may be paid by you at the time of the Order for the Vehicle [and returned to you following the delivery of the Vehicle(s)];

Event Outside Our Control

is defined in clause 18;

Initial Payment

is the initial rental payable to your finance provider, which will be collected by Us and set out in the Order and/or Finance Agreement;

Finance Agreement

you may be introduced to a panel of finance providers following receipt of your Order and the completion of a Credit Check to enter into a finance agreement with a finance provider in order to purchase, hire or lease the Vehicle identified in your Order. We may receive a commission payment from these finance providers;

Manufacturer

is the relevant manufacturer of the Vehicle;

Order

is the expression of interest by you to obtain the Vehicle at a price and specification similar to that displayed on Our Site;

Our Site

the images, applets, scripts, text and graphics forming the website operated by Us and registered under the domain name: www,newcarsonline.co.uk

Services

to source, locate or otherwise identify the Vehicle at the price stated on your Order, the completion of a relevant Credit Check, the arrangement and/or procurement of a Finance Agreement (if required) and to arrange for delivery of the Vehicles from the relevant dealer or as otherwise communicated to you;

Terms

these terms and conditions on which We supply the Services to you;

VAT

means value added tax as provided for in the Value Added Tax Act 1994;

Vehicle(s): is the vehicle and/or vehicles matching the description and specification as displayed from time to time on Our Site and forming your Order to Us; and

We/Our/Us

Online Motor Group Ltd T/A NewCarsOnline.co.uk

1.2 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2 OUR VEHICLES

2.1 The images of any Vehicle on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflect the colour of the Vehicles.

2.2 Please note that the individual specifications of the Vehicles displayed on Our Site have been supplied by CAP. Whilst We have made every effort to verify and ensure the accuracy of the information supplied, such information should only be used as a guide when you Order from Our Site. Please check with the relevant Manufacturer as to details of individual specifications for the Vehicles.

2.3 We will not be liable for any costs or losses sustained or incurred by you arising from the use of, or reliance upon, information that may be contained on Our Site from time to time.

2.4 Following delivery of the Vehicles, you will be responsible for keeping the Vehicles properly maintained and serviced in accordance with the Manufacturer’s guidelines (save as otherwise agreed), and the terms of any Finance Agreement where applicable.

2.5 Pre-registered vehicles.The warranty period on a pre-registered vehicle will be shorter. The warranty period on a brand-new car is usually calculated from the date it is first registered. This means that the warranty may not last as long as you think.
Servicing/MOT Schedule – Similarly to the warranty period, the MOT and Servicing schedule will have started from when the car was first registered so will need serving on the cars anniversary and NOT on the anniversary of when it was delivered.

3 USE OF OUR SITE

Your use of Our site is governed by Our Terms of Website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you

4 IF YOU ARE A CONSUMER

This clause 4 only applies if you are a consumer.

4.1 If you are a consumer, you may only place an Order for Vehicles from Our Site if you are at least 18 years old and resident in the United Kingdom.

4.2 The prices stated in respect of the Vehicles may be shown inclusive or exclusive of VAT. Please note that you will be liable to pay VAT.

5 IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business customer.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Site to place an Order for Vehicles (where applicable).

5.2 The prices stated in respect of the Vehicles will be exclusive of VAT.

5.3 These Terms, any Order, Order Confirmation and any agreed amendments to the Order, constitutes the entire agreement between you and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.

6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 Our Site or sales representative will guide you through the steps you need to take to place an Order with Us. The process allows you to check and amend any errors before submitting your Order to Us.

6.2 After you place an Order, you will receive an e-mail from Us acknowledging that We have received your Order and that your Order will be considered. However, please note that this does not mean that your Order has been accepted or that a contract has been formed in any way to supply you with the Vehicle.

6.3 Prior to any contract being formed pursuant to clause 6.5, should you realise that you have made a mistake after placing an Order or simply wish to cancel, please let Us know as soon as possible and no later than 8 hours after submitting your Order.

6.4 For a contract to be formed with Us to perform the Services, Our acceptance of your Order will take place as described in clause 6.5.

6.5 The contract between Us will only be formed once you have provided all necessary information to process your Order, requested the Services to be performed, paid the Arrangement Fee, Deposit and/or Initial Payment (as applicable) and you have received Our acceptance of your Order by e-mail (Order Confirmation). It is at this stage that We will start to perform the Services.

6.6 Once the Vehicle has been sourced, the details of your Order will be communicated to Our panel of finance providers and you will need to enter into a separate Finance Agreement with them or enter into your own finance arrangement to lease, hire, or otherwise financed the Vehicle from the relevant dealer supplying the Vehicle.

6.7 Please note that you may be responsible to pay the Arrangement Fee, Deposit and Initial Payment at the time of your Order or at such time as required by Us.

6.8 We reserve the right to charge you the Arrangement Fee and/or Deposit (or a reasonable proportion) where we have commenced performing the Services and you fail to enter into a Finance Agreement or having entered into a finance you fail to proceed with the order.

6.9 If you are a consumer and you cancel the contract for these Services within the 14 day Cancellation Period, you may still be liable to pay the Arrangement Fee and/or Deposit (or a reasonable proportion). We refer you to clause 9.4 and 9.6(a) for further details.

6.10 In the event that We are unable to locate any Vehicles stated on the Order Confirmation at the price stated, or after We have started to perform the Services, We will inform you of this by e-mail and will not proceed any further. In these circumstances, We will refund the full amount of the Arrangement Fee, Deposit and Initial Payment to you as soon as reasonably practicable and in any event within 10 working days.

6.11 You shall indemnify Us and hold Us harmless against all liabilities, reasonable and properly incurred costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by Us once the Vehicle has been sourced and/or any claim or demand made against Us by a third party (including but not limited to a finance provider) arising out of or in connection with the provision of the Services to the extent that such claim arises out of the cancellation of this agreement and/or any Finance Agreement by you. The recoverable costs under this indemnity may include (but not exclusively):

1. 1. preparation costs;
  2. transport costs;
  3. storage costs;
  4. vehicle registration costs;
  5. delivery costs; and
  6. any other costs ancillary to the provision of the Services.

7 YOUR OBLIGATIONS

7.1 You shall:

1. 1. co-operate with Us in all matters relating to the Services; and
  2. provide Us with such information that We may reasonably require to perform the Services.

8 OUR RIGHT TO VARY THESE TERMS

8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

8.2 Every time you place an Order, the Terms in force at the time of your Order will apply to the contract between you and Us.

8.3 We may revise these Terms as they apply to your Order from time to time to reflect the changes in relevant laws and regulatory requirements.

8.4 If We have to revise these Terms as they apply to your Order, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel the Contract, you may be liable to pay for the Services in full or in part, and your attention is drawn to clause 9.

9 YOUR CONSUMER RIGHT OF CANCELLATION AND REFUND

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the Cancellation Period as set out in clause 9.2, where you are a consumer within the definition of those Regulations. This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify Us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 Your legal right to cancel a contract starts from the date you receive the Order Confirmation (which is the date when the Contract between Us is formed). Your deadline for cancelling the contract is the end of 14 days after the day you received the Order Confirmation (Cancellation Period). For example: if you place your Order on 1 January and We send you an Order Confirmation on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

9.3 To cancel a contract, you just need to let Us know that you have decided to cancel. The easiest way to do this is to email sales@newcarsonline.co.uk

9.4 If you cancel your contract for any reason after the 14 day cooling off period We will NOT refund the Arrangement Fee or Deposit as We are permitted by law to charge a reasonable fee for the Services in circumstances where you have requested the Services to be performed in accordance with clause 9.6(a) or 9.6(b) during the cancellation period and deduct such reasonable fee from the monies held which could be up to the full amount of the arrangement fee, deposit, initial payment or any other monies received from you. Such fees are covered in our CANCELLATION POLICY. Such fee shall be:

in proportion to what Services have been supplied, in comparison with the full coverage of our contract.
calculated on the basis of the total price agreed in the contract for our Services or, if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other suppliers. We will refund you on the credit card or debit card used by you to pay.

9.5 Because you are a consumer, We are under a legal duty to supply the Services in conformity with these Terms. As a consumer, you have legal rights in relation to Services that are provided not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.6 However, this cancellation right does not apply where you have:

1. 1. requested the Services to be performed during the Cancellation Period and you have acknowledged that you will be responsible to pay the Arrangement Fee and/or Deposit (or a reasonable proportion) for the Services during the Cancellation Period; or
  2. placed an Order for Vehicles which are made to your individual specifications and are clearly personalised in circumstances where this has been communicated to you in advance of Us performing the Services.

10 OUR RIGHTS TO CANCEL

If We have to cancel before the Services start:

1. 1. 1. We may have to cancel the contract before performing the Services, due to an Event Outside Our Control or the unavailability of key personnel and/or any of the Vehicles without which We cannot provide the Services. We will promptly contact you if this happens.
    2. If We have to cancel the contract under clause 10.1(a) and you have paid an Arrangement Fee and Deposit for the Services which have not been provided to you, We will refund these amounts to you (less any costs and expenses incurred in arranging the credit hire agreement up to that point). We will also return the Initial Payment to you (where applicable).

10.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time and for any reason, by providing you with notice in writing. If you have already paid the Arrangement Fee, Deposit and/or Initial Payment, We will refund these amounts to you.

10.3 We may cancel the contract to perform the Services at any time with immediate effect by giving you written notice if:

1. 1. 1. you fail to pay the Arrangement Fee, Deposit and/or Initial Payment following Our requests to you as communicated from time to time; or
    2. you break these Terms in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.

11 DELIVERY

11.1 We will provide you with an estimated delivery date of the Vehicles once this has been received from the relevant dealer supplying the Vehicles or the estimated date provided by the Manufacturer. Please note that time shall not be of the essence and this clause does not constitute any obligation to arrange delivery of any Vehicle by a specified date. Occasionally Our ability to perform the Services may be affected by an Event Outside Our Control. See clause 18 for Our responsibilities when this happens.

11.2 Vehicles are usually driven to your home or place of work by a delivery agent. In some cases, the vehicle may be transported on a 'low loader' truck, but this is not usually the case. If your vehicle is being delivered via a transporter at your request, this will usually incur an additional charge.

11.3 It is your responsibility to fully check the vehicle inside and out upon delivery and ensure any damage & OR missing options are noted on the delivery note/ document supplied by the delivery agent. Any damage & OR missing items will not be covered by the supplying dealer after the delivery date, if not noted on the delivery documentation.

12 INTERNATIONAL ORDERS

12.1 Unfortunately, you will not be able to place an Order from outside the UK.

13 PRICE OF VEHICLES AND DELIVERY CHARGES

13.1 The prices of the Vehicles will be as quoted on Our Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Vehicles are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of any Vehicle ordered.

13.2 Prices for the Vehicles may change from time to time, and any changes that affect the price of an Order that you have already placed will be communicated to you. In these circumstances, you will be able to cancel your Order if such changes are not acceptable to you.

13.3 The price of the Vehicles includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of receiving the Order Confirmation and the date of delivery, We will adjust the VAT you pay.

13.4 Save as otherwise communicated to you the prices advertised for the Vehicles include:

1. 1. 1. 1. the cost of delivery by the relevant dealer to your chosen UK mainland destination;
      2. the cost of number plates;
      3. If the cost of the road fund licence or of any applicable additional or alternative duty licence or levy imposed in relation to the Vehicle or its use increases you will be charged the amount of the increase by your finance provider for the applicable year. Further charges may apply in subsequent years, for more information please refer to the terms and conditions of your finance agreement; and
      4. the cost of any vehicle registration charge.

13.5 Our Site contains a large number of Vehicles. It is always possible that, despite our reasonable efforts, some of the Vehicles listed on Our Site may be incorrectly priced. If We discover an error in the price of any Vehicle, We will contact you to inform you of this error and We will give you the option of continuing with the Order at the correct price or you may cancel. We will not process your Order until We have your instructions. If We are unable to contact you using the contact details you provided, We will treat the Order as cancelled and notify you in writing.

13.6 Whilst We endeavour to always display the correct rate on Our Site at the time of Order, rates fluctuate due to manufacturers pricing, adjustments in finance companies residual values and dealer or manufacturer discount levels. This does not mean that the price for your Order is incorrect, should be changed or you have a right to cancel pursuant to clause 13.5 but that the price for the same or similar vehicle as contained in your Order has been amended on our Site after placing your Order.

13.7 Whilst every effort is made to state or provide quotations, manufactures standard and optional equipment details accurately, no responsibility can be accepted for fluctuations in interest rates, manufacturer’s prices and specification changes or otherwise. Quotations are subject to account and credit approval and vehicle availability.

13.8 If you or your nominated person are not available at the delivery destination on the day of delivery to sign for the vehicle, the vehicle will be returned to the depot & you will be liable to pay an abort delivery fee charge, charged by the supplying dealer.

13.9 If you cancel the delivery of your vehicle within 48 hours of the delivery date, a cancellation charge may be incurred & charged to you by the supplying dealer.

13.10 Please note that the monthly rental/lease price includes the cost of driving the vehicle to the specified address, provided your address is situated on the GB mainland. Certain delivery locations in Scotland, the Scottish Highlands and Scottish Islands such as Dundee (DD), Inverness (IV), Aberdeen (AB), Perth (PH), Oban (PA), Greenock (PA) Stranraer (DG) and Skye (IV) may incur an additional delivery charge of up £450 and we reserve the right to recover this charge from you. We will advise you if there is an additional delivery charge prior to you completing the finance documentation.

13.11 The finance company will allow up to 100 miles to arrange delivery of your vehicle. This will not count towards your pre-agreed contracted mileage. Additional mileage above this figure may be deducted from your contracted mileage subject to the finance provider we are using for your contract. If you require Vehicle Transported Delivery (the vehicle is delivered on a trailer/transporter) this can be arranged but an additional charge will be made.

13.12 Proof of insurance is required before delivery can take place. Please note that the hirer obtaining finance must be the main policy holder on the insurance certificate. Please make your insurance provider is aware that this is a lease vehicle and that the registered owner and keeper of the vehicle is the finance company. For further details regarding insurance, please refer to your finance documentation.

14 HOW TO PAY

14.1 You can only pay the Arrangement Fee or Deposit using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron, Mastero or Mastercard.

15 MANUFACTURER’S WARRANTY

15.1 For details of the applicable terms and conditions, please refer to the Manufacturer's warranty provided with the Vehicles.

15.2 If you are a consumer, a Manufacturer's warranty is in addition to, and does not affect, your legal rights in relation to any Vehicles that are faulty or not as reasonably described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

16 OUR LIABILITY IF YOU ARE A BUSINESS

This clause 16 only applies if you are a business customer.

16.1 Nothing in these Terms limits or excludes our liability in performing the Services for:

1. death or personal injury caused by our negligence; or
2. fraud or fraudulent misrepresentation.

16.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services for:

1. any loss of profits, sales, business, or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill;
6. or any indirect or consequential loss.

17 OUR LIABILITY IF YOU ARE A CONSUMER

17.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence in performing the Services, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was reasonably contemplated by you and Us at the time of entering into this contract for the Services.

17.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 We do not in any way exclude or limit Our liability in performing the Services for:

1. 1. death or personal injury caused by Our negligence; or
  2. fraud or fraudulent misrepresentation.

18 EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of the Services, or any of Our obligations under these Terms caused by an Event Outside Our Control. An Event Outside Our Control is defined below.

18.2 Event Outside Our Control means any act or event beyond Our reasonable control.

18.3 If an Event Outside Our Control takes place that affects the performance of Our obligations to perform the Services:

1. 1. 1. We will contact you as soon as reasonably possible to notify you; and
    2. Our obligations to perform the Services will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.

18.4 You may cancel the contract affected by an Event Outside Our Control which has continued for more than 7 days. To cancel please contact Us.

19 INFORMATION ABOUT US AND HOW TO CONTACT US

19.1 We are a company registered in England and Wales with company number 09677076, whose registered office is at 3-6 Church View Business Centre, Binbrook, LN8 6BY.

19.2 If you have any questions or have any complaints with the Services, please contact Us. You can contact Us by telephoning Our customer service team on 01472 563600 or by e-mailing Us at sales@newcarsonline.co.uk

19.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to us by e-mail at sales@newcarsonline.co.uk or by pre-paid post to Online Motor Group Ltd t/a NewCarsOnline.co.uk, 3-6 Church View Business Centre, Binbrook, Market Rasen, LN8 6BY We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, or by pre-paid post to the address you provided Us with.

19.4 When in these Terms We refer to "in writing" or “written”, this will include any e-mail sent to the above e-mail address set out in clause 19.3.

19.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20 HOW WE MAY USE YOUR PERSONAL INFORMATION

20.1 We will use the personal information you provide Us to:

1. 1. 1. provide the Services;
    2. process your payment for the Services;
    3. perform a Credit Check;
    4. introduce you to a panel of finance providers for the purposes of entering into a Finance Agreement; and
    5. to inform you of similar deals that may be advertised on Our Site from time to time.

20.2 You agree that We may pass on your personal information to credit references agencies and finance providers as necessary to perform the Services, and that such entities may keep a record of any search that they do.

20.3 We will not give your personal data to any other third party.

21 OTHER IMPORTANT TERMS

21.1 Assignment and other dealings

1. 1. 1. We may at any time assign, transfer or otherwise deal with Our rights and obligations under a contract to another organisation, but this will not affect your rights or Our obligations under these Terms.
    2. As a customer, you may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

21.2 Third Party Rights

This contract is between you and Us. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

21.3 Severance

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

21.4 Waiver

If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

21.5 Jurisdiction and Governing law

1. These Terms and the contract with Us and any dispute arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. Each party both agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising in connection with these Terms.

21.6 Ownership

1. Please be aware that you do not own the vehicle at the end of the contract
2. On a contract hire agreement the finance company is the registered owner and keeper of the vehicle.

However, if you are a consumer and also resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.