The Motorhome Showroom Ltd. Terms and Conditions
For the purposes of this document any reference to ‘we’ refers to The Motorhome Showroom Ltd. and any reference to ‘you’ refers to the customer.
1. Prices are quoted inclusive of value added tax, where applicable. This will be charged at the rate ruling at the date of supply.
2. If the cost of the goods as set out on the Order form increases between the date of the order and the estimated date of delivery, we (The Motorhome Showroom) will notify you (the Purchaser) of the increase and, if you do not wish to accept the increase, we will cancel the order and return to you any deposit paid in full.
3. Where the agreement is for the purchase of goods to be ordered from any Manufacturer (e.g. built to order), we and you will agree an estimated delivery date. We will use best endeavours to deliver by such date, but do not guarantee time of delivery. We shall not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery howsoever caused.
4. If we fail to deliver the vehicle within 30 days of the estimated delivery date you may give written notice to us requesting delivery within a further 7 days. If delivery does not occur then the contract may be cancelled and any deposit paid will be returned to you in full and we shall have no further liability.
5. In the event of the Manufacturer ceasing to make a vehicle of the type ordered by you, we shall return the deposit in full to you and cancel this agreement and we shall have no further liability.
6. You may cancel the order within a cooling-off period of 24 hours (for on premises contracts) or 14 days (for off premises contracts) from the date of the order, and receive back in full any deposit paid. If the order is cancelled after that date, we will be entitled to recover our reasonable losses (e.g. as a deduction from any deposit) as a result of the cancellation.
7. Where we agree to allow part of the purchase price to be satisfied by you delivering a used vehicle in part exchange, the used vehicle shall be delivered to and accepted by us subject to the following conditions:
(a) that the used vehicle will be delivered to us in the same condition as described by you at the time of the order (subject only to fair wear and tear); and
(b) that any quoted or estimated part exchange value for the used vehicle will only be confirmed upon physical inspection by us; and
(c) that either
(i) the used vehicle is your absolute property and free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or
(ii) the used vehicle is the subject of a Hire Purchase or Credit Sale agreement and any outstanding finance is capable of being settled by us.
In such a case the amount of the part exchange allowance shall be reduced accordingly.
8. In the event of a used vehicle being taken in part exchange, we may proceed to dispose of it before delivery of the goods:
(a) If we dispose of the part exchange vehicle within the cooling off period or if the order is cancelled by us, the sum to be paid back for the part exchange vehicle shall be the previously agreed part exchange allowance price.
(b) In all other circumstances where the goods are not delivered or where the order is cancelled by you, the sum to be paid back for the part exchange vehicle shall be the lower of either the price at which it was sold by us or the previously agreed part exchange allowance price.
9. You will pay us the balance of the purchase price of the goods before delivery. Delivery will not take place before the date indicated on the order form unless an earlier delivery date is agreed.
10. If you fail reasonably to take delivery of, or pay for, the goods, we may cancel the agreement and:
(a) we will be entitled to recover our reasonable losses (e.g. as a deduction from any deposit) as a result of the breach.
(b) we will be entitled to dispose of the goods as we may think fit without any liability to you.
11. Any notice to be given under this agreement shall be deemed to have been duly served if sent by Recorded Delivery to your last known address in our possession and subsequently recorded as having been delivered
12. You should discuss with us any terms that you do not understand and check that all the information provided is accurate and correct, and that any special arrangements that may have been agreed during the sales process are included and detailed on the Order form, before signing this Agreement. If in any doubt, you should seek independent legal advice before signing this Agreement.
13. Nothing in these terms and conditions will affect your statutory rights relating to either faulty or misdescribed goods, or poor quality services. For more information on these statutory rights contact a local authority Trading Standards Department or Citizens Advice Bureau.
14. All motorhome are sold for holiday and recreational purposes only i.e. the home must not be used as a permanent residence or for hire, any warranties will be void if the motorhome is used outside the recreational terms.
15. Distance and Off Premises Contracts
(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if the Customer as a private consumer has (1) entered into this contract prior to a face-to-face meeting with The Motorhome Showroom ltd or (2) the contract is agreed face-to-face with The Motorhome Showroom ltd in a place that is not The Motorhome Showroom ltd business premises or (3) the Customer places an order during a face-to-face meeting with The Motorhome Showroom ltd that happens in a place that is not The Motorhome Showroom ltd business premises or (4) the contract is entered into on The Motorhome Showroom ltd business premises or through any means of distance communication immediately after a face-to-face meeting between The Motorhome Showroom ltd and the Customer in a place that is not The Motorhome Showroom ltd’s business premises, then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.
(b) In order to exercise the right to cancel the Customer must provide The Motorhome Showroom ltd with a clear statement (e.g. a letter sent by post, fax or email). The statement should be sent to The Motorhome Showroom ltd using the contact details contained within the order form within the 14-day cancellation period.
(c) On cancellation The Motorhome Showroom ltd will reimburse the Customer all payments received from the Customer excluding a charge of 10% of the purchase price, less any damage incurred from the date of collection.
(d) Subject to clause 11(e) below on cancellation the Customer shall return the Goods to The Motorhome Showroom ltd without undue delay and in any event not later than 14 days after the day on which the Customer advises The Motorhome Showroom ltd of the cancellation, at the Customer’s cost. If the Customer fails to return the Goods, The Motorhome Showroom ltd may make a charge for the cost of recovering the Goods from the Customer, this is likely to cost a minimum of £250 and The Motorhome Showroom ltd may deduct this charge from any sum that The Motorhome Showroom ltd must reimburse to the Customer.
(e) The Motorhome Showroom ltd will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after The Motorhome Showroom ltd received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.
(f) On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part-exchange The Motorhome Showroom ltd will at The Motorhome Showroom ltd’s discretion either return the part-exchange or pay the agreed part-exchange value (after deduction of the sums paid by The Motorhome Showroom ltd in accordance with clause 4(a) and 5 to settle any finance or other interests affecting the part-exchange vehicle) to the Customer. If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods the Customer shall immediately reimburse The Motorhome Showroom ltd on demand.
(g) If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, The Motorhome Showroom ltd may recover that amount from the Customer The Motorhome Showroom ltd can deduct it from the reimbursement provided for under clause 11(c) of these Terms and Conditions. The Motorhome Showroom ltd will normally view any alteration, modification or personalisation of the Goods or driving for in excess of 100 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods.
(h) If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
16. Hire Purchase Option: It is further agreed:
(a) that the Purchaser shall have the option (subject to this being accepted by the Hire Purchase Company) to hire the said motorhome under the terms of a Hire Purchase Agreement to be entered into with a Hire Purchase Company of repute nominated by the Seller, and.
(b) that in the event of this said option being exercised: The terms and conditions above shall be read and construed as though the word “Trade” was substituted for the word “Seller” and the word “Hirer” for the word “Purchaser” wherever the said words occur therein and as though the first paragraph of condition 6 were deleted and there were instead the words “Except as herein before provided the Hirer shall before delivery of the goods sign the Hire Purchase Agreement”
17. The Motorhome Showroom ltd shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation to process the Customer’s order and payment and (unless the Customer requests The Motorhome Showroom ltd does not do so), to inform the Customer about similar products that The Motorhome Showroom ltd provides. The Customer may stop receiving this information at any time by contacting The Motorhome Showroom ltd.terms.
18. This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.