The terms used below have the following meanings:
"Motor Vehicle"
means a motor vehicle which You wish to purchase using
Our Services;
"Motor Vehicle Finance Agreement"
means a finance agreement between You and Capital
Bank or another finance provider governing the sale
and finance of the Motor Vehicle;
"Options"
means the options applicable to the Motor Vehicle;
"Price"
means the price for the Motor Vehicle and associated
costs as stated in the Purchase Order Form
"Purchase Order Form"
means the purchase order form which We will send to
You which will include the Options, Price, delivery
charges (if applicable), estimated delivery date to
the Supplier and other details specific to Your purchase;
"Services"
means the intermediary services We provide to assist
You to buy a Motor Vehicle from a Supplier;
"Services Agreement"
means the terms and conditions set out below which
govern Your use of the Services;
"Site"
means the John Stuart Motor Company web site (www.johnstuartmotorco.com);
"Supplier"
means the third party supplier from whom We will request
the supply of the Motor Vehicle on Your behalf;
"Supplier Agreement"
means the Supplier's terms and conditions which will
apply to Your purchase of a Motor Vehicle;
"We", "Our" and "Us"
mean John Stuart Motor Company Ltd.
"You" and "Your"
mean you, Our customer.
Important points to note
Please take time to read the following important
information. Please note that this information is
in no way intended to replace the full terms of the
Services Agreement and the Supplier Agreement set
out below which You should read in full.
- John Stuart Motor Company Ltd is a limited company
who trades from Manchester Road, Walkden, Manchester, M28 3LN
Purchase Agreements
Were You to decide to request the supply of a Motor
Vehicle through Us, it consists of the following process:
- You e-mail John Stuart Motor Company Ltd with the
details of the car that you want via our website.
- John Stuart Motor Company locates a suitable vehicle
and contacts the you with the details and a full description
of the cars specification and also a vehicle condtion
report.
- The price is agreed and the customer must leave
a deposit specified deposit which is subject to the
price of the vehicle you are purchasing.(see deposits
below)
- If you choose a finance deal then the you must also
leave your details so that we can credit check and
set up a finace agreement.
- A sales executive from John Stuart Motor Company
Ltd then views the car on behalf of the customer and
if its as described purchases the car.
- The sales exec then delivers the car to the your
house.
- If the you are happy with the car then the balance
is paid and you now own the vehicle.
- If the car isn't as descirbed and the customer doesnt
want it then the deposit is refunded in full and the
vehicle is taken back.
- If the car is as described and you dont want it
then you lose any deposit paid.
- If finance then the you must sign the documents
in licensed premises(or at home if its a personal
loan) and upon payout from the finance company the
car is then delivered to your house.
Deposit amounts:
The following deposits must be left to secure the
vehicles at the following price:
| Vehicle Price |
Deposit needed |
| £7500 or less |
£500.00 |
| £7501 to £15000 |
£1000.00 |
| £15001 to £25000 |
£1500.00 |
| £25001 to £50000 |
£2500.00 |
| £50001 to £100000 |
£5000.00 |
| £100001+ |
£10000.00 |
Complaints handling
We are committed to customer service. Should You have
any complaint about the Services, We are committed
to resolving complaints in a fair and effective manner.
Please inform Us by emailing info@johnstuartmotorco.com
or by writing to John Stuart Motor Company Limited, Manchester Road, Walkden, Manchester, M28 3LN should you have any complaint about Our Services. We are committed to acknowledging Your complaint within 7 working days of receipt and undertaking all reasonable efforts
to resolving it promptly under the circumstances. We will provide You with a time scale for resolving
the dispute and keep You regularly updated with respect to Our progress.
If Your complaint relates to any issues that are specifically addressed by the Services Agreement or the Supplier
Agreement, the specific terms and procedures set forth in those agreements will apply to Your complaint.
This includes but is not limited to any complaints concerning delays or the condition or Options of Your
Motor Vehicle upon delivery.
If You would prefer Us to fax or e-mail You a copy of the agreement relevant to your purchase, please
let us know. You can call our customer services team on 0161 7902179.
SERVICES AGREEMENT
Please read the terms of this Services Agreement carefully, as it contains significant information about Your rights and duties as Our customer. By signing the Purchase Request Form, You agree to the terms of this Services Agreement. It is very important to us that You as Our customer understand and agree to
the terms of Our relationship (so please read on).
In the event of any inconsistency, Your rights as a UK consumer prevail over the terms of this Services Agreement.
1 Introduction
1.1 You have visited the Site or contacted Us by
telephone and wish to purchase a Motor Vehicle using
Our Services on the terms of this Services Agreement,
which You accept and agree.
1.2 By agreeing to the terms of this Services Agreement, You authorise Us to purchase on Your behalf a motor
vehicle from a Supplier and to arrange for delivery of the Motor Vehicle on the terms of the Supplier
Agreement.
1.3 This Services Agreement is concluded in the English language. We will retain a copy of this Services Agreement
and We will provide You with a copy (which You should read and retain) when We send the Purchase Request
Form to You.
2 Our Site
2.1 Our Site is a place for You to view from the comfort of Your own home or work and enter a request
for John Stuart Motor Company Ltd to locate you a specific vehicle.
2.2 We will contact you within 48 hours of the receipt of your request e mail.
2.3 With regards to the new cars offered by John Stuart Motor Company Ltd, we are reliant on third parties, and in particular
Suppliers, for the information provided on the Site and We neither assume responsibility for, nor accept
any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site.
We aim to resolve these with You once they come to Our attention, but You agree that We are not liable
for any such error.
2.4 Although care has been taken to ensure the accuracy of the information provided in relation to the Services
and on the Site, including information relating to Motor Vehicles and estimated delivery dates, all information
is provided without representation by us.
2.5 The Motor Vehicle models pictured on the Site are indicative of the model generally, and may include optional extras, and should not be taken as representing any Motor Vehicle You may choose. As indicated below, should You decide to purchase a Motor Vehicle, You should review the exact Options on the Purchase
Request Form, as these will govern Your purchase.
Please ask a John Stuart Motor Company sales executive if you are unsure of what options are on your new car.
2.6 Although We strive to supply all Motor Vehicles requested via the Site, because We source Motor Vehicles from the open market certain Motor Vehicles may not be available at certain periods and Motor Vehicles that are in stock are sold on a first come, first served basis. The Supplier will not agree to supply your Motor Vehicle until We receive cleared funds in the amount of the required deposit in accordance
with Clause 4 of this Services Agreement.
3 Ordering process
3.1 If You have indicated that You are interested
in a Motor Vehicle and that Motor Vehicle is available,
We will send You a Purchase order Form. If the Motor
Vehicle you are interested in is not available, We
will contact You to provide possible alternatives.
The estimated delivery time in Your Purchase Request
Form represents Our best estimate at that time of
the time it will take for the Motor Vehicle to be
delivered to the Supplier. This is based on information
provided by the Supplier and may be subject to manufacturer
and other delays and You acknowledge that such delivery
is likely to occur later than 30 days after You return
the Purchase Request Form to Us.
3.2 If You decide to purchase a Motor Vehicle, You
should review and sign the Purchase order Form and
return it to Us. By signing the Purchase Request Form,
you will be agreeing to purchase a Motor Vehicle from
the Supplier with the Options and at the Price according
to the terms of this Services Agreement and the Supplier
Agreement. Please review these documents carefully
before signing the Purchase Request Form, as they
will govern Your relationship with the Supplier and
Us. You acknowledge that once We have commenced provision
of the Services after receipt of Your Purchase Request
Form We will incur certain costs that will not be
refundable in the case of a cancellation, even where
the cancellation is allowed under Clause 7 of this
Services Agreement and will result in you losing any
deposit left.
3.3 Depending on the price of the vehicle being ordered
we must receive Your deposit payment at the same time
as We receive Your signed Purchase Request Form. Please
see above deposit section in you are unsure of how
much you will need to leave.
3.4 After We have received Your deposit payment and
a signed copy of the Purchase Request Form, but not
before, We will place Your purchase request with the
Supplier on Your behalf. We will confirm to You receipt
of these documents and the placement of Your purchase
request. We will not be liable to You for any refusal
by the Supplier to agree to supply your Motor Vehicle,
save that We will be liable to return Your deposit.
4 Prices and Payment
4.1 All motor vehicle prices quoted include VAT,
number plates and if new delivery , 12 months road
fund license and 1st registration fee. Please note
that merchants' fees may be payable in addition to
the Price in accordance with Clause 4.7 of this Services
Agreement.
4.2 Prices on the Site are for information purposes
only and do not constitute an offer by Us or the Supplier
capable of acceptance by You. A contract will not
exist between You and the Supplier for the sale of
a Motor Vehicle until We have confirmed to You that
the Supplier has accepted Your purchase request.
4.3 By signing and returning the Purchase Request
Form, You confirm that You have carefully reviewed
the Options and wish to purchase a Motor Vehicle with
those Options at the Price stated in the Purchase
Request Form. After You sign and return the Purchase
Request Form, the Options and Price can only be changed
by an amendment to the Purchase Request Form or in
accordance with the Supplier Agreement, and in cases
where the Options are agreed to be changed We will
enter into an amendment with You. Any such amendment
must be signed by You and returned to Us within 5
working days of the date it was sent to You.
4.4. Payment of the balance due on the Motor Vehicle
must be made within 5 working days of Us sending You
the final invoice.
4.5 Payment must be made by bank transfer to our account. Please speak to your Sales Executive for further details. The Supplier will not accept your purchase request until we receive cleared funds into the account in the amount of the required deposit.
4.6 Deposit and final payments can be made via bank
transfer to the Account, or debit or credit card.
Where fees are applied, particularly in the case of
credit cards, these will be passed onto You in addition
to the Price. (Please note that prices on the Site
do not include these merchant fees.) Where payment
is made by credit or debit card the relevant consumer
and credit legislation will apply. We and/or the Supplier
will perform a validation check and authorisation
check with the card issuer and the Supplier has the
right to refuse Your purchase request where the card
issuer refuses to authorise payment or where We or
the Supplier have any other concerns about Your payment.
5 Liability
5.1 Our role is to supply you with the agreed vehicle
at the agreed price.
5.2 Upon ordering a used vehicle you will be supplied
with a vehicle condition report stating any major
defects , dents and large scratches on the car. If
when the vehicle is delivered to you and it isn’t
as described as on the vehicle condition report then
you will be entitled to cancel and to have your deposit
refunded. However if the vehicle is as described and
you will to cancel you will lose all deposit paid.
When buying a used car you must allow for the car
to be in the average condition for the age and mileage
, any other defects will be stated as above,
6 Delivery/Registration
6.1 Any vehicle purchased through the site will be
delivered at no more extra cost than the agreed vehicle
price.
6.2 Deliveries are restricted to mainland UK.
6.3 Local registrations are not possible.
6.4 If You choose to sell Your existing transportation
before You have taken delivery of Your Motor Vehicle
We cannot be held responsible for any length of time
You may be without transportation.
7. Cancellations
7.1 Under the Consumer Protection (Distance Selling)
Regulations 2000 You have a right to cancel Your use
of Our Services for any reason without charge. This
cancellation right begins on the date We agree to
commence provision of the Services (the "Acceptance
Date") and ends on the expiry of the period of
7 working days beginning with the Acceptance Date
(the "Cancellation Period"). However, this
right will not apply if We have with Your agreement
begun to perform the Services prior to the expiry
of the Cancellation Period.
7.2 If You cancel Your use of Our Services after
the expiry of the Cancellation Period (or after We
have with Your agreement begun to perform the Services
prior to the expiry of the Cancellation Period) then
We will lose the time We have spent on Your purchase
request up to the time at which You cancel and so
We reserve the right to charge You a cancellation
fee which will be any deposit left.
7.3 We will be entitled to cancel this Services Agreement
if You materially breach any of its terms, including
failure to make any payments when due. In such event
We will lose the time We have spent on Your order
up to the time of cancellation and so We reserve the
right to charge You a cancellation fee which is sufficient
to cover Our lost expenses and administration charges,
this fee will be the total deposit lost. You agree
that We have the right to retain such sum from the
deposit paid by You, and We are authorised by the
Supplier to make such retention. You may also be liable
to pay any additional cancellation fee or costs that
the Supplier charges, and Your deposit may be forfeited
by the Supplier - please refer to clause 5 of the
Supplier Agreement.
7.4 You will be entitled to cancel this Services
Agreement if We materially breach any of its terms.
7.5 Any cancellation of this Services Agreement will
operate to cancel Your purchase request for the Motor
Vehicle and the Supplier Agreement.
8 Acceptance of Motor Vehicle
8.1 The rights set forth in the Supplier Agreement
will apply to acceptance of Your Motor Vehicle and
any rights You may have relating to Your Motor Vehicle
with respect to correction, compensation, or rejection.
9 Finance
9.1 Subject to Your status, if after signing the
Purchase Request Form You sign a Motor Vehicle Finance
Agreement in relation to the Motor Vehicle, the terms
of the Motor Vehicle Finance Agreement will replace
the Supplier Agreement. The standard terms of the
Motor Vehicle Finance Agreement will be stated on
the agreement form that You will be asked to sign
prior to the making of the Motor Vehicle Finance Agreement.
9.2 The payment terms of the Motor Vehicle Finance
Agreement will apply instead of Clause 4 of this Services
Agreement. Any deposit paid pursuant to Clause 4 will
be credited towards the deposit required under the
Motor Vehicle Finance Agreement.
9.3 The withdrawal and cancellation rights of the
Motor Vehicle Finance Agreement will apply instead
of those contained in the Supplier Agreement.
10 Data Protection
10.1 In the performance of this Services Agreement,
We will collect certain personal information relating
to You (such as Your name, address, bank or credit
card details, telephone number and e-mail address)
("Personal Information"), but We will not
collect or process sensitive personal information
relating to You (such as Your political or religious
beliefs, racial or ethnic origin, sexual life or health)
without Your explicit consent.
10.2 Your Personal Information will be processed
by Us for the following purposes (collectively "the
Purposes"):
10.2.1 the performance of this Services Agreement
and the Supplier Agreement;
10.2.2 to check Your credit record with any credit
reference agencies and for fraud prevention purposes
(which will include the supply of Your Personal Information
to third parties for such purposes) should You decide
to apply for a Motor Vehicle Finance Agreement with
one of our finance providers;
10.2.3 John Stuart Motor Company LTD may use Your Personal Information
(other than credit card or bank account details) to
keep You informed by post, telephone, e-mail or other
electronic means about products and services which
may be of interest to You. By providing Us with Your
Personal Information, You consent to being contacted
by these methods for these purposes. If You do not
wish to receive marketing information from Us, please
notify Us by e-mail at info@johnstuartmotorco.com You must
include Your name and address and state one of the
following in Your e-mail to us.
10.3 For the Purposes, We may transfer or disclose
Personal Information to Our professional advisers
and to such other parties as We consider necessary
or helpful in the administration of this Services
Agreement, the Supplier Agreement and any Motor Vehicle
Finance Agreement or if required by law or otherwise.
Normally, the professional advisors or other parties
will be based either in the United Kingdom or (if
outside the United Kingdom) within the European Economic
Area. However, if necessary for the Purposes, by entering
into this Services Agreement You also consent to Our
transferring Your Personal Information to countries
or jurisdictions which do not provide the same level
of data protection as the United Kingdom. If We do
make such a transfer We will, if appropriate, put
a contract in place to ensure that Your Personal Information
is protected.
10.4 By entering into this Services Agreement, You
consent to the processing and disclosure of the Personal
Information. You also agree that the Purposes for
the processing may be amended to include other uses
or disclosures of Personal Information following notification
to You
10.5 We agree to keep all Personal Information in
a secure environment and will comply with the Data
Protection Act 1998 and any other applicable data
protection legislation currently in force.
10.6 If You wish to update or correct any inaccuracies
in Your Personal Information or if You have any other
comments or complaints in relation to this Services
Agreement or the Purchase Order Form please let us
know by e-mail to info@johnstuartmotorco.com
10.7 Use of Cookies on Our Site
A cookie is a text-only string of information that
a website transfers to the cookie file of the browser
on Your computer's hard disk so that the website can
remember who You are.
A cookie will typically contain the name of the domain
from which the cookie has come, the "lifetime"
of the cookie, and a value, usually a randomly generated
unique number.
Two types of cookies are used on the Site:
1 Session cookies which are temporary cookies that
remain in the cookie file of Your browser until You
close the browser.
2 Persistent cookies which remain in the cookie file
of Your browser for much longer (though how long will
depend on the lifetime of the specific cookie).
Cookies can help a website to arrange content to match
Your preferred interests more quickly. Most major
websites use cookies. Cookies cannot be used by themselves
to identify You.
10.8 How We use cookies and what information we collect
Session Cookies
To allow You to carry information across pages of
Our Site and avoid having to re-enter information.
Persistent Cookies
To help Us recognise You as a unique visitor (just
a randomly generated number) when You return to Our
Site and to allow Us to tailor content or advertisements
to match Your preferred interests or to avoid showing
You the same adverts repeatedly.
Within research surveys to ensure You are not invited
to complete a questionnaire too often or after You
have already done so.
To track whether advertisements are clicked on by
users.
Third Party Cookies
Third parties serve cookies via this Site. These
are used for the following purposes:
To compile anonymous, aggregated statistics that
allow Us to understand how users use Our Site and
to help Us improve the structure of Our Site. We cannot
identify You personally in this way. For more information
and to opt-out of cookies used for this purpose please
visit the John Stuart Motor Company privacy policy.
To serve advertisements on Our Site and track whether
these advertisements are clicked on by users.
10.9 Use of Web Beacons
Some of the pages on our Site may contain electronic
images known as web beacons (sometimes known as clear
gifs) that allow Us to count users who have visited
these pages. Web beacons collect only limited information
including a cookie number, time and date of a page
view, and a description of the page on which the web
beacon resides. We may also carry web beacons placed
by third party advertisers. These beacons do not carry
any personally identifiable information and are only
used to track the effectiveness of a particular campaign.
10.10 Disabling/Enabling Cookies
You have the ability to accept or decline cookies
by modifying the settings in Your browser. However,
You may not be able to use all the interactive features
of Our Site if cookies are disabled.
For information about how to disable cookies in your
browser please visit the About Cookies website.
11 Warranties And Limitation Of Liability
11.1 Your warranties are as set forth in the Supplier
Agreement.
11.2 In the event that We breach this Services Agreement
or any other legal duty of care owed to You by Us,
We will not be liable for any loss or damage caused
by Us which is not a reasonably foreseeable result
of such breach. However, nothing in this Services
Agreement is intended to limit or exclude Our liability
for death or personal injury or for fraudulent misrepresentation
or any liability that may not legally be limited or
excluded.
11.3 Subject to Clause 11.2 of this Services Agreement,
Our total liability howsoever arising out of or in
connection with this Services Agreement will be limited
to the Price of the Motor Vehicle supplied.
12 Our performance
12.1 Our performance under this Services Agreement
will be excused if We are unable to perform due to
any cause beyond Our reasonable control.
13 Amendments
13.1 Any amendments or modifications to this Services
Agreement (including the Purchase Request Form) must
be in writing and agreed by You and Us. For the avoidance
of doubt, the Motor Vehicle Finance Agreement will
be a separate agreement made between You and Capital
Bank or another finance provider and the Supplier
Agreement is a separate agreement made between You
and the Supplier.
14 Notices
14.1 Any notice under this Services Agreement (including
any amendment to the Purchase Request Form) may
be given by first class post, fax
or electronic mail to the address, fax number or
electronic mail address last notified by the recipient.
15 Assignment
15.1 We may at any time without prior notice to You
cause all or any part of Our rights, benefits and/or
obligations under this Services Agreement to be transferred
to any associated or successor company (including
by way of a transfer of assets or shares) or to any
company to which We transfer all or a significant
part of Our assets by delivering to You a written
substitution notice.
15.2 This Services Agreement is personal to You and
You may not transfer it without Our prior written
approval. Such approval will not be withheld without
good reason.
16 Complaints
16.1 If You have any complaint about Our performance,
please contact Our customer services department
by writing to Customer Services team at John Stuart Motor Company Limited, Manchester Road, Walkden, Manchester, M28 3LN, or by email to info@johnstuartmotorco.com
who will look into the complaint and attempt to
resolve it.
17 Governing Law and Jurisdiction
17.1 This Services Agreement is governed by English
law. If a dispute arises from this Agreement which
cannot be resolved, then You and We hereby submit
to the non-exclusive jurisdiction of the English Court,
provided that You must bring court proceedings within
the United Kingdom.
18 Your Rights/Third Party Rights
18.1 As a consumer, You have certain statutory rights
regarding the rejection of defective services and
claims in respect of losses caused by Our negligence
or failure to meet Our obligations. The terms of this
Services Agreement shall not affect Your statutory
rights.
18.2 A person who is not a party to this Services
Agreement shall acquire no rights under it by virtue
of the Contracts (Rights of Third Parties) Act 1999.
