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Distance Selling Terms and Conditions

BACKGROUND:

 

These Terms and Conditions are the standard terms for the sale of goods via Drivespeed Leasing Limited website, a Limited Company registered in England under number 10757480, whose registered address is, 81 Burton Road, Derby, Derbyshire, DE1 1TJ and whose main trading address is 1ST Floor, Unit 5, Arabesque House, Monks Cross Drive, Monks Cross, York, YO32 9GZ.

 

 

1.            Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”

means any day other than Saturday or Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Chosen Carrier”

means the delivery company selected by Drivespeed Leasing Limited, whom We shall use to dispatch the Goods to you;

“Contract”

means the contract for the purchase and sale of Goods, as explained in Clause 3;

“Goods”

means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Month”

means a calendar month;

“Order”

means your order for the Goods, made via email, telephone or the Drivespeed Leasing Limited website;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 3;

“Pre-Contract Information”

means information about Drivespeed Leasing Limited, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Premium Delivery”

means Our premium delivery option(s), available for an additional charge over Standard Delivery as set out in sub-Clause 6.6.2;

“Price”

means the price payable for the Goods;

“Returns Address”

means the address where any goods due for return need to be taken to;

“Special Price”

means a special offer price payable for the Goods;

“Standard Delivery”

means Our standard delivery method, this may vary depending on this being the vehicle or any correspondence to you; and

“We/Us/Our”

means Drivespeed Leasing Limited, a Limited business registered in England under number 10757480, whose registered address is 81 Burton Road, Derby, Derbyshire, DE1 1TJ and whose main trading address is 1ST Floor, Unit 5, Arabesque House, Monks Cross Drive, Monks Cross, York, YO32 9GZ.

 

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message, fax or other means.

 

2.            Information About Us

2.1          Drivespeed Leasing Limited, is a Limited company registered in England under number 10757480, whose registered address is 81 Burton Road, Derby, Derbyshire, DE1 1TJ and whose main trading address is 1ST Floor, Unit 5, Arabesque House, Monks Cross Drive, Monks Cross, York, YO32 9GZ.

2.2          Our VAT number is 274 9150 83.

2.3          We are regulated by the Financial Conduct Authority under FRN: 791845.

2.4          We are a member of BVRLA and FLA.

 

3.            The Contract

3.1          These Terms and Conditions govern the sale of goods by Us, via Drivespeed Leasing Liimited website and will form the basis of the Contract between Us and you.  Before submitting your Order, you will have certain key terms and conditions given to you normally via email and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.

3.2          Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3          A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing by email wherever possible.

 

4.            Description and Specification of Goods

4.1          We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature.  We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and/or differences in the colour reproduction of electronic displays.  Nothing, however, excludes Our liability for mistakes due to negligence on Our part.

4.2          We are required by law to supply Goods that conform to the Contract.  If you receive any Goods that do not conform to the Contract, please refer to Clause 8.

4.3          If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8.  If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.4          We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

 

5.            Orders

5.1          All Orders for Goods made by you via Drivespeed Leasing Limited website will be subject to these Terms and Conditions.

5.2          You may change your Order at any time before We dispatch the Goods by contacting Us.  Requests to change Orders do not need to be made in writing.

5.3          If your Order is changed, We will inform you of any change to the Price when you contact Us, and will confirm the change in writing.

5.4          If you change your mind, you may cancel your Order at any time before We dispatch the Goods by contacting Us.  Please refer to Clause 9 for details of your cancellation rights.

5.5          We may cancel your Order at any time before We dispatch the Goods in the following circumstances:

5.5.1     The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

5.5.2     An event outside of Our control continues for more than 6 months (please see Clause 12 for events outside of Our control).

If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods, the payment will be refunded to you within 14 calendar days.  If We cancel your Order, you will be informed in writing.

 

6.            Price and Payment

6.1          The Price of the Goods will be that given by Our salespeople or shown on Our website at the time of your Order.

6.2          If We offer a Special Price, the Special Price will be valid for a set period or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you.  Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.

6.3          Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

6.4          We have made every reasonable effort to ensure that Our Prices, as shown on Our website are correct.  Prices will be checked when We process your Order.  If the correct Price of the Goods is lower than that shown on Our website, you will be charged the lower Price.  If the correct Price of the Goods is higher than that shown on Our website, We will inform you and ask you how you wish to proceed.

6.5          All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment from you.

6.6          Our Prices include plated (driven) delivery to locations within Mainland UK, delivery outside Mainland UK will be charged.  Trailered delivery is offered at an additional cost.

6.7          All payments for Goods must be made in advance before We can dispatch the Goods to you.

6.8          We accept the following methods of payment:

6.8.1     Same day online bank transfer;

6.8.2     BACS payment;

6.8.3     Card Payment

6.8.4     Online payment through the Drivespeed Leasing Limited website.

6.9          We do not charge any additional fees for any of the payment methods listed in sub-Clause 5.8.


 

7.            Delivery

7.1          Please note that delivery is only possible within the United Kingdom.

7.2          When We send you an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods and your location. 

7.3          Delivery will be deemed to have taken place when the Goods have been received by you (or another person identified by you) at your chosen delivery address.

 

7.4          The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you.

 

8.            Faulty, Damaged or Incorrect Goods

8.1          By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error.

8.2          Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.  Alternatively, you may request a repair of the Goods or a replacement.  We will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.  If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.  If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.  If you exercise the final right to reject the goods more than six months after you have received the Goods, We may reduce any refund to reflect the use that you have had out of the Goods.

 

8.3          Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have financed the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind.  If you are a consumer in the European Union you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason.  Please refer to Clause 9 for more details.

8.4          To return Goods to Us for any reason under this Clause 8, you may do so by request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location.  We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details.  We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.

8.5          Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

8.6          Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally financed.

8.7          For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

 

9.            Your Right to Cancel If You Change Your Mind

9.1          As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Goods come into your physical possession (i.e. you or another person identified by you taking delivery of the Goods under sub-Clause 7.4).  You may cancel your Contract and return the Goods to Us for any reason under this right.  If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2, 9.3, 9.4 and 9.5 will apply.


9.2          If you wish to exercise your right to cancel under this Clause 9, you must inform Us of your decision.  You may do so in any way that is convenient to you.  Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 9.1 expires.  (Note that the cancellation period is defined as whole Calendar Days.  If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted.)  Please contact Us:

9.2.1     By telephone on 01904 682892;

9.2.2     By email on complaints@drivespeedleasing.co.uk; or

9.2.3     By post; 1st Floor, Unit 5, Arabesque House, Monks Cross Drive, Monks Cross, York, YO32 9GZ.

9.3          We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however you are under no obligation to provide any details if you do not wish to.

9.4          You must return the Goods to Us no more than 5 Calendar Days after the day on which you have informed Us that you wish to cancel under this Clause 9.

9.4.1     Where We are arranging for collection of the vehicle from You, We will do this at the earliest opportunity however, all liabilities until collection will remain with you as stated in Clause 9.4.2 and 9.4.3

9.4.2     You will remain liable for the vehicle until one of Our selected delivery companies have signed to accept it from You.  You will be liable and charged for any damage present which was not noted when You accepted the delivery.  Any costs will be deducted from your final refund amount.

9.4.3     To receive a full refund a maximum additional mileage of 250 miles from the recorded delivery mileage is allowed.  If you cover any additional distance, then an excess mileage charge of £1.00 per mile will be deducted from your final refund amount.

9.4.4     Any delivery costs charged to you as part of the order will be fully refunded.  Any special delivery requests, such as trailered delivery, will be deducted from your final refund amount.

9.4.5     You will be liable for all collection costs of the vehicle.  We will fully inform you of any costs before arranging collection and will not make any arrangements without your prior consent.

9.4.6     You are able to make your own arrangements for the return of the vehicle but, in doing so You will remain liable for any damages caused during transportation and any costs will be deducted from your final refund amount. Any return arranged by You must be done within 5 days of notifying Us of cancellation.

9.5          Although we will endeavour to issue all refunds within 14 days of having the vehicle returned to us, this is dependent on a full inspection being carried out by a member of the team and deductions being quoted. We will inform You of any deductions prior to any payments being made.

9.6          Refunds under this Clause 9 will be made using the same payment method you used when ordering the Goods unless you specifically request that We make a refund using a different method.

 

10.         Guarantee

10.1       The Goods are provided with a manufacturer’s guarantee.  For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.

10.2       The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match Our description, that they are of satisfactory quality and that they are fit for purpose).  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

11.         Our Liability

11.1       We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

11.2       We only supply Goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3       Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4       Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

12.         Events Outside of Our Control (Force Majeure)

12.1       We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2       If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1  We will inform you as soon as is reasonably possible;

12.2.2  Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

12.2.4  If the event outside of Our control continues on more than 3 occasions, within a 6 month period, We will cancel the Contract and infor

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